7.

One should also distinguish between different legal

and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.
S-2 Christine owed Maribel Php 120,000, issuing 12
PDCs at Php 12,000 each. While six of the 12 checks
were good, the remaining six were dishonored for
insufficiency of funds. Christine is criminally accused of
violating of BP 22. In her defense, she testifies that while
Maribel did call her up once, informing her: May
problema sa mga cheke, calling her attention to dishonor
in writing nor did she ever receive demand.

In both cases (S-1 and S-2) the legal problem is one
of arriving at a conclusion, with, however, a crucial
difference. In S-1, the problem is: DISCOVERING what
happened. Did Willar kill Eric? In S-2, the problem is
JUSTIFYING the position that Christine is not liable
under BP 22 because of lack of proof of receipt of notice
and demand.

8. Practical reasoning is what we use for DISCOVERING.
That a really bad altercation should lead to murder is
something of which were convinced by our familiarity (or
what we take to be our familiarity) with human conduct.
How forensic experts can say where entry and exit wounds
ought to be in suicide is not a matter of deduction bu of so
many things: inductive reasoning( from studies of previous
suicide cases), analogy with our own hand movements,
assumptions about sameness in physiology and human
anatomy, anecdotal reports of previous investigations. But,
when we refer to jurisprudence on BP 22 and read there that
the Supreme Court requires proof of receipt and notice of
demand, then, we can conclude that in S-2, there can be no
violation of BP 22 if a person is guilty of BP 22, then the
following elements are present(followed by an enumeration of
the statutory and jurisprudential requirements).
Then would follow the rejection of the consequent in
Christines case, there was no proof of receipt of
notice and demand. Then would follow the
conclusion. Then, there can be no guilt under BP 22.

9. Law is a species of normative thinking as in morals-
rests may times not only what we can prove but on what we
do not need to prove because of our fundamental
convictions. What proof can decently be constructed, for
example, for the proposition that it is wrong to kill a
defenseless person who has in no way provoked me?
Ultimate, the prohibition rests on an intuition into the
unacceptability of murder. There are things of which I am
certain that I do not nevertheless prove and from this it will
not follow that they are irrationally assumed. They are not
proved because they are self-evident.

7. One should also distinguish between different legal
and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.
7. One should also distinguish between different legal
and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.
7. One should also distinguish between different legal
and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.
7. One should also distinguish between different legal
and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.
7. One should also distinguish between different legal
and judicial tasks. Let S stand for situation:

S-1 Two days ago, Willard and Eric were involved in an
acrimonious exchange over what Willar believes were
indecent proposals made by Eric to Willars wife. Had it
not been for the timely intervention of cooler heads, the
two would have come to blows. This morning, Eric was
found dead in his apartment having apparently
committed suicide, with a piece of paper bearing
scrawled words Patawad sa mga kasalanan nagawa
ko beside his lifeless body. Police suspect foul play.
Willar purchased a firearm and ballistic tests indicate
that the same firearm was used on Eric. Forensic
experts point out that the entry and exit wounds do not
much those of a suicide victim. Willar is charged with
murder soon after.