research on ignorance of the law excuses no one from compliance

8/10/2019 Research on Ignorance of the Law Excuses No One from Compliance

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A. INTRODUCTION

What is law? The regime that orders human activities and relations through systematic

application of the force of the politically organized society. The aggregate of legislation, judicial

precedents, and accepted legal principles, the body of authoritative grounds of judicial and

administrative action, especially the body of rules, standards, and principles that the courts of a

particular jurisdiction apply in deciding controversies brought before them. In its general and

abstract science, the science of moral laws founded on the rational nature of man that governs

his free activity for the realization of the individual and social ends of life under an aspect of

mutual conditional dependence.2

What is ignorance? rom old rench !ignorance" from #atin word !ignorantia" $want of

%nowledge& 'asically, ignorance in the (hilippines is lac% of %nowledge, understanding, education

or learning, and awareness or information. )ow does law in*uence the day+to+day eistence of

every individual in a civilized society? #aws have daily impact on our lives, whether they relate to

social services, education, housing, nutrition, food safety, consumer rights or the environment

and among others. (ublic policies such as legislation, resolutions, appropriations, new regulations

for a current law or court decisions are used as solutions to problems epressed by the public.

These actions are the result of public issues that have been debated and compromised through

the policy ma%ing process. The basic element is the process used to solve a public problem.

There is a tendency for us to ta%e these rules and regulations for granted as long as they

%eep society running smoothly. -n the other hand, we tend to become more involved with the

public policy decision+ma%ing when rules or regulations have negative impact on our life.

oes ignorance of the law have legal e/ect on people? )ow does it apply? 0ccording to

0rticle 1 of the ivil ode of the (hilippines3 Ignorance of the law ecuses no one from

compliance therewith. $2& When can you say that a person is ignorant and how does it a/ect his

legal standing? 4ome people, especially in the (hilippines use ignorance $if possible& as an

ecuse to escape from their legal obligations. )ow does the law react to such ecuses? -r is it

even possible? -n the succeeding topic we wish to elaborate further so that we will a better

understanding with regards to the maim !Ignorance of the law, ecuses no one from compliance

therewith."

HISTORY

!Ignorantia legis non ecusat" 5 ignorance of the law does not ecuse is a centuries+old

criminal law maim familiar to lawyers and layperson ali%e. 6nder the doctrine, an accused 7nds

little protection in the claim !'ut we did not %now the law," for all are presumed either to be

familiar with the law8s commands or to proceed in ignorance at their own peril. The ignorant

must be punished along with the %nowing, the maim teaches, to achieve a better educated and

more law abiding populace and to avoid the easy+to+assert and di9cult+to dispute claim of

ignorance that would otherwise *ow from the lips of any person facing criminal punishment

The maim can be traced bac% to the 0ncient :oman ;mpire #egal scholars have

described the :oman maim primarily as a concept of civil law, which was founded on the

straightforward $if 7ctitious& rationale that the law was !certain and capable of being

ascertained." Thus, in litigation, positive proof of a citizen8s %nowledge of the law8s re


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or proscriptions was not reodel (enal ode&, and is common practice in other stats. The

>aim has also brought about the creation of the laws on the publication of almost all

legislations.

This is not only to show the maims history and use in (hilippine laws but to show the

statutory laws and jurisprudences construed either in the aid or the present eception on the

application of such maim

!Ignorantia legis non ecusat" ignorance of the law ecuses no one from compliance

therein, this maim was originally formulated at a time when the list of crimes, broadly spea%ing,

represented current morality, but we now have many other crimes that are the result of

administrative or social regulation, which are e


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article, everybody within the jurisdiction of the (hilippines are presumed to be aware of the laws

being passed by legislative and other authorized bodies. Though there are laws that need not be

published due to some eemption, yet it does not su9ce for the o/ender not to comply

therewith.

We are all aware that there are thousands of laws, statutes, eecutive orders and others to

get to %now of. ;ven the legislative bodies themselves, judiciary and lawyers can hardly

memorize each and every law they made and read. )owever such ignorance cannot be used as

an ecuse for the authority to be lenient to the o/ender. ;vasion of the law would be facilitated,

and the administration of justice defeated, if persons could successfully upload ignorance of the

law to escapes legal conseanresa BH&.

Ignorance of foreign law is not ignorance of law, but ignorance of the fact because foreign laws

must be alleged and proved as matters of fact, there being no judicial notice of said foreign laws.

$0dong vs. heong 4eng ee, @1 (hil @13 4y oc #ieng vs. 4y


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court denied it and proceeded with approval of the partition proceedings in favor of

the petition of on Gulueta.

IssueK Whether ona rancisca is entitled to relief against the conse


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I446;K Whether or not they can as% for the annulment of the sales of the

aforementioned parcels of lands.

);#K The 4upreme ourt held that they couldn8t eamine the


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=. That while ilart was deputy 7scal of (angasinan he received of them the

sum of (=== as fees for drafting a memorandum in connection with

:egistration ase Fo. 1, :ecord Fo. EB@A32. That ilart was guilty of fraud and negligence in prosecuting the appeal to

the 4upreme ourt, he having practically abandoned the case.

It is however noted that ilart did not ta%e up the case of his own volition but wasordered by the court to defend the rights of petitioners because the attorney they

formerly retained was almost always in a state of intoication. In connection to the

allegations, the respondent allegedly made assurances to the clients but however

failed to deliver success due to his negligence and incompetence.

The 0cting 0ttorney+eneral however believes that the facts are not su9cient to

support the complaint, and recommends dismissal of the case.

:6#IFK The court agreed to the etent that such gross misconduct or negligence

has not been shown as warrants disbarment or suspension pursuant to sections 2=

and 22 of the ode of ivil (rocedure, which is applicable at that time.

It was ruled that although it is the duty of a n attorney to be liberal and reputable,

as well as useful to the public, when they conduct themselves with honor and

integrity, the y should be protected when they act in the best of their abilities as it

ontorious vs. e/rey, 2 ar. L (., ==13 as summarizedK !

Met no one will say that a counsel who has been mista%en shall be chargedN Fot

only counsel duty judges may di/er, or doubt, or ta%e time to consider. Therefore,

an attorney ought not to be liable in case of reasonable doubt. Fo attorney is bound

to %now all the law3 od forbid that it should be imagined that an attorney or a

counsel, or even a judge, is bound to %now all the law."

)owever, he court, having in mind the many appeals which have been dismissed

because of the lac% of diligence of counsel, cannot let the occurrence pass without

epressing a strong disapproval of such criminal carelessness. 4o, it is the duty then

the court to reprimand him for his carelessness in attending to the needs of his poor

clients.

I$no%ance of the la& on the 'a%t of the ()$e"

>embers of the judiciary should uphold a competent and independent judicial system,

being the epert in the law, in applying and interpreting them. Ignorance of the law on the part

of the judge diminishes the professional integrity of the whole judicial system as reiterated in the

code of judicial onduct.

(UDICIA# *THICS

H


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0. -; - 6II0# -F6T $promulgated on 4eptember B, =CEC and too% e/ect

on -ctober 2A, =CEC&

(:;0>'#;

0n honorable, competent and independent judiciary eists to administer justice and thus

promote the unity of the country, the stability of government, and the well being of the

people.

-9ce of the court administration vs. ines

22@ 4:0 2H=

0T4K This administrative complaint is against udge enaro ines, (residing

udge, 'ranch 2H3 >a. orgonia #. lores, ourt Interpreter and -9cer+in+

harge, 'ranch 2BH3 :osie >. >unar, 4tenographic :eporter, 'ranch 2H3

(acita '. iaz, 4ta/ 0ssistant IJ, -9ce of the ler% of ourt3 >a. oncepcion

'. iaz, 4ta/ 0ssistant I, 'ranch 2H3 and >r. 0lfredo J. #acsamana, r., 4ta/ II,

'ranch 2H, all of the :T, 4an ernando, #a 6nion, for ishonesty, deliberated

and surreptitious assignment of cases at the oc%eting and :eceiving

4ection, -9ce of the ler% of ourt, :T 4an ernando, #a 6nion.

);#K The continuing deliberate violations of 0dministrative -rder Fo. H

$dated 1A une =CDB&, ircular Fo. D $dated 21 4eptember =CD@& and

0dministrative -rder Fo. = $dated 2E anuary =CEE& for the years reported in

0tty. 4anglay8s report, and their belated discovery boggle our minds.

!:espondent judge by his own admission that he solemnized the marriage

between complainant and >arcelo >oreno without the re


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uring the said ejectment case hearing, the said respondent judge allegedly hastily

adjourned the proceedings after the complainant >arcelo 0suncion gave his

statement, which the respondent judge saw as an admission of the contempt being

charged against the respondents of the said ejectment case, and issued an -rder.

urthermore, during the said ejectment case, 0suncion reoreover, respondent udge denied them the right to be assist by counsel and the

right to defend themselves, even as their father, >arcelo 0suncion, pleaded for

postponement of the proceedings because his lawyers was not available at the time

but his oppressive and precipitate action, respondent udge displayed arrogance

and gross Ignorance of the law and violated the complainants human rights.

>oreno vs. 'ernabe

2@H 4:0 =2A

0T4K >arilou >oreno 7led the complainant against udge . 'ernabe of the

>T of >etro >anila for grave misconduct and gross ignorance of the law.

omplainant alleges that on -ctober @, =CC1, she and >arcelo >oreno were

married before respondent udge 'ernabe, 4he avers that respondent udge

assured her that the marriage contract will be released ten $=A& days after

-ctober @, =CC1. omplainant then visited the o9ce of the :espondent udge

on -ctober =B, =CC1 only to 7nd out that she could not get the marriage

contract because the -9ce of the #ocal ivil :egistrar failed to issue a

marriage with the relatives of >arcelo >oreno to deceive her.

E


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)eldK :espondent udge displayed his ignorance of the law when he

solemnized the marriage without a marriage license. 0s a judge, he is

presumed to be aware of the eistence of 0rticle 1$2& of the amily ode of

the (hilippines $;.-. 2AC, as amended by ;.-. 22D&. 0bsence of a valid

marriage license will ma%e the marriage void from the beginning $0rticle 1B

$1& amily ode of the (hilippines&. udges are enjoined to show more than

just a cursory acay2AA2

0T4K udge 4alvacion '. ;spinas of the :T of #egaspi ity, was charged by erry

aucian with gross ignorance of the law gross partiality, bias, incompetence and

willful delay in the adjudication of cases.

omplainant, as losing mayoral candidate for araga, 0lbay, in the >ay ==, =CCE

local elections, 7led a petition, dated >ay 22, =CCE, denominated as an Pelection

protest andQor revisionQrecounting of votes,8 on the ground that fraud and anomalies

were allegedly committed during the aforesaid local elections, both in the course of

voting and during the counting and tabulation of the ballots to his prejudice. )e

prated for the issuance of an order directing the revision or recounting of the ballots

in the contested ==@ precincts as enumerated in his petition, the nulli7cation and

setting aside of the proclamation of Wilson 0ndres as mayor, and his own

proclamation as major.

:espondent judge issued the assailed order that contained a 7nding that !only

thirteen $=1& ballot boes were found well supported to warrant the approval of the

relief being sought by the protestant."

);#K :esponded erred in her appreciation of election laws.

The pertinent provisions of law that she should have relied on are 4ection 2BB of the

-mnibus ;lection ode and 4ection =2 of the =CC1 omelec :ules of (rocedure.

!4ec. 2BB. udicial counting of votes on election contest. 5 Where allegations in a

protest or counter+protest so warrant, or whenever in the opinion of the court the

interests of justice so re


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commitment to be the !embodiment of competence, integrity and independence" and to his

promise to be !faithful to the law."

The act that complaint has lost interest in prosecuting the administrative case against

therein+respondent judge will not necessarily warrant a dismissal thereof. -nce charges have

been 7led, the 4upreme ourt may not be divested of its jurisdiction to investigate and ascertain

the truth of the matter alleged in the complaint. The ourt has an interest in the conduct of

members of the judiciary and in improving the delivery of justice to the people, and its e/orts in

the direction may not be derailed by the complainant8s desistance from further prosecuting the

case he or she initiated.

I+NORANTIA ,ACTI *-CUSAT I+NORANTIA (URIS NON *-CUSAT

Ignorance of the facts ecuses but not ignorance of the law. In theory every one is supposed to

%now the law, ecept children under a certain age and insane persons. Ignorance of a material

fact may ecuse a party from legal consearch =CCH, The #ayers :eview&

R*ASON O, ARTIC#* /"

!>ista%e of law does not generally vitiate consent, '6T when there is a mista%e on a doubtful

any times ignorance of law becomes a main cause of instituting cases.

;veryone is supposed to %now about the law of land where he lives. If he does not %now

about it then he cannot ta%e it as plea of ignorance. !ignorantia juris non ecusat" which is

applied universally, provides that ignorance of law is no ecuse. This principle is applied to all

either the advocates students or even the laymen. In a society everyone should be legally aware.

or the legal awareness amongst the people in a society, imparting legal education is must.

#egal education in a society is one of the %ey of success, prosperity, peace and popularity of a

=A


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country. It is the foundation of judicial system in a society. 'y the %nowledge of law in the society

justice delivery system can develop e/ectively because law is the science to ma%e people aware

about the good and just.

#egal literacy is also compulsory for the proper dispensation of the justice in the society

because its way goes to provide justice in the society. The failure of eecution of many laws also

depends upon the lac% of awareness about these laws. #egal literacy is comprehensive in its

nature.

D. R*,*R*NC*S

+(aras, ;., ivil ode of the (hil 0nnotated, 2AAA =@ thedition, :e 'oo% store, EBH Ficanor :eyes

4r. 4t.

+:odriguez, :., The fundamentals of legal and udicial ethics, entral (rofessional 'oo%s Inc. C2D

Suezon avenue, Suezon ity (hilippines

+Ilanes, ;., 0 ompilation of legal maims., 2AA@, entral (rofessional 'oo%s, Inc.,

+C2D Suezon 0ve, Suezon ity (hil #ee, ., )andboo% of legal maims 2AA2, entral (rofessional

'oo%s Inc., C2D, Suezon 0venue ity (hilippines

+aner, '., 'lac%8s law ictionary, 2AA@ E thedition, West (ublishing co.,

+httpKQQwww.lawphil.gov.ph

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research on ignorance of the law excuses no one from compliance

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