LEGAL ANALOGYLegal Technique and PhilosophyLegal AnalogyAn
attempt to show that the facts of the problem case are
substantially similar to those in the binding precedential
case.Evaluating the similarities and differences between prior
cases and the case at hand and reaches a decision of the principle
that similar cases should be treated alike Brill, R. (2009).
Determining Analogous Statements* Importance or Unimportance of the
Base Point* Factual similarities or differences in the two
situations* Relative Importance of these similarities or
differences in the context in questionIs this Analogous?A. An
ordinance passed in the City of Mandaluyong establishing a curfew
at 10 oclock in the evening in the residential segment of the
city.B. Industrial and Commercial segment of the city abided by the
curfew
NO. All though they have Similar Base Point of Situation A and B
they have, however, different factual circumstance. The ordinance
singled out the Residential as the only segment to be affected by
the said ordinance.
Legal Analogys ApplicationLegal Analogy is often applied in
proving or disproving that the precedent should apply in the
present case.
Example of Application:Precedent:Republic of the Philippines vs.
Court of Appeals and MolinaReynaldo showed signs of "immaturity and
irresponsibility"Doctrine- the root cause of the psychological
incapacity must be (a) medically or clinically identifiedPetition
DeniedSubsequent RulingsFerraris vs. Ferraris Lack of evidence of
the respondent being mentally illMolina Doctrine appliedPetition
DeniedDedel vs. Court of AppealsRespondent engaged in extra marital
affairsMolina Doctrine appliedPetition Denied
