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Ignorance of The Law

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Mae Jansen Doroneo
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30 views

Ignorance of The Law

Uploaded by

Mae Jansen Doroneo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IGNORANCE OF THE LAW

Q: Differentiate mistake of law from mistake of fact.

A:   MISTAKE OF FACT

Want of knowledge of some fact or facts constituting or relating to the subject matter in hand.

When some facts which really exist are unknown or some fact is supposed to exist which really does not
exist.

Good faith is an excuse

MISTAKE OF LAW

Want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation,
duty, or matter under consideration.

Occurs when a person having full knowledge of the facts come to an erroneous conclusion as to its legal
effects

Not excusable, even if in good faith

Note: Ignorance of a foreign law is a mistake of fact

Q: Tina charged Eduardo with bigamy. He invokes as defense good faith and that he did not know that
there was still a need for a prior declaration of nullity of marriage before he can contract a subsequent
marriage. Is his defense tenable?

A: No. Eduardo is presumed to have acted with malice or evil intent when he married Tina.  As a general
rule, mistake of fact or good faith of the accused is a valid defense in a prosecution for a felony by dolo;
such defense negates malice or criminal intent.  However, ignorance of the law is not an excuse because
everyone is presumed to know the law.  Ignorantia legis neminem excusat. (Manuel v. People, G.R. No.
165842, Nov. 29, 2005)

Q: Eduardo was married to Ruby.   He then met Tina and proposed marriage, assuring her that he was
single. They got married and lived together.  Tina, upon learning that Eduardo had been previously
married, charged Eduardo for bigamy for which he was convicted. Eduardo testified that he declared he
was “single” because he believed in good faith that his first wife was already dead, having not heard
from her for 20 years, and that he did not know that he had to go to court to seek for the nullification of
his first marriage before marrying Tina.    Is Eduardo liable for the crime of bigamy?  

A: Yes. Eduardo is presumed to have acted with malice or evil intent when he married Tina.  As a
general rule, mistake of fact or good faith of the accused is a valid defense in a prosecution for a felony
by dolo; such defense negates malice or criminal intent.   However, ignorance of the law is not an excuse
because everyone is presumed to know the law.  It was the burden of the Eduardo to prove his defense
that when he married the Tina, he was of the well‐grounded belief that his first wife was already dead.  
He should have adduced in evidence a decision of a competent court declaring the presumptive death of
his first wife as required by Article 349 of the Revised Penal Code, in relation to Article 41 of the Family
Code.   Such judicial declaration also constitutes proof that Eduardo acted in good faith, and would
negate criminal intent on his part when he married the private complainant and, as a consequence, he
could not be held guilty of bigamy in such case.   Eduardo, however, failed to discharge his burden.
(Manuel v. People, G.R. No. 165842, Nov. 29, 2005

Q: What is the rule as regards difficult questions of law?

A: In specific instances provided by law, mistake as to difficult questions of law has been given the same
effect as a mistake of fact. E.g. Mistake upon a doubtful or difficult question of law may be the basis of
good faith. [Art. 526 (3)]

RETROACTIVITY OF LAWS

Q: Do laws have retroactive effect

? A:     GR: Laws shall have no retroactive effect.

XPN: TIN CREEP

1. Tax laws

2. Interpretative statutes

3. Laws creating New Rights

4. Curative Statutes

5. Remedial/procedural

6. Emergency Laws

7. When Expressly provided

8. Penal laws favorable to the accused provided, accused is not a habitual criminal

XPN to the XPN: constitutional limits, where retroactivity would result to: IE

1. Impairment of obligation of contracts

2. Ex Post Facto Laws

note: In case of doubt: laws apply prospectively, not retroactively.

Q: May judicial decisions be given retroactive effect?

A: No. When a doctrine of the Supreme Court is overruled and a different view is adopted, the new
doctrine should be applied prospectively and should not apply to parties who had relied on the old
doctrine and acted on the faith thereon. (Rabuya, p. 10)

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