Ignorance of the Law Excuses no one!

[crisipicada]

Republic Act No. 386 or what we call the Civil Code of the Philippines. In article 3 of the said code entitled: Ignorance of the law excuses no one from compliance therewith, filipinos are not very much aquianted with the law of the country. I myself are not familiar and updated with the changes of provisions. Now, what can you say about the statement "Ignorance of the law excuses no one"? What if you are one of the victim of such ignorance and by good faith you never intend to do something that you transgress the law?

[Edwin]

Republic Act No. 386 or what we call the Civil Code of the Philippines. In article 3 of the said code entitled: Ignorance of the law excuses no one from compliance therewith, filipinos are not very much aquianted with the law of the country. I myself are not familiar and updated with the changes of provisions. Now, what can you say about the statement "Ignorance of the law excuses no one"? What if you are one of the victim of such ignorance and by good faith you never intend to do something that you transgress the law?

As far as I know, crisi, around here ignorance is not an excuse. If you don't see the reduction speed sign and an officer pulls you over for speeding, you still get the ticket whether you saw the sign or not. It happened to our kids once, and they still got the infraction ticket for speeding. They didn't slow down at the reduction speed sign. They learned and now they don't want to drive on that side of the river because of the bad experience.

[red]

OMG Crisi why did you bring up this topic that failed me in the exam in civil law?...lol I had a professor before that was the undersecretary in dept of energy then asked that same question. My answer was that no one will be excused for being ignorant of the law. The law should be applied to all citizens of the country and no exception even if you are not aware about it. So when you screwed up of something you didnt purposely do, you will be liable for it. Hence you be punished. The Law excuses no one.

[purex]

Being christian, we must be a law abiding citizen. It is not an alibi for being ignorant of the law as the basis of excuse in the case you bypass the law. If you have done something that bypass the law unintentionally and honestly you did not mean it of doing, still it is punishable. What is important that you are true or honest being ignorant of the law.

But what if the authority wants you to do something that is not correct or right on your own understanding? Will you still do it in the case of obedience?

[Edwin]

Being christian, we must be a law abiding citizen. It is not an alibi for being ignorant of the law as the basis of excuse in the case you bypass the law. If you have done something that bypass the law unintentionally and honestly you did not mean it of doing, still it is punishable. What is important that you are true or honest being ignorant of the law.

But what if the authority wants you to do something that is not correct or right on your own understanding? Will you still do it in the case of obedience?

It is better to obey God than man, and if it is a choice between man's laws and God's laws we are to obey God.

[cougarkharne]

If the law asks you to do something that is not right, then they themselves are breaking the law. As a citizen you also have rights that the law has to uphold. The law can not force you to do something that is inmoral or against the law for example.

P.S. Here is an easy one " Which law is above all other laws "

[John Mussah]

Pretty right! "Ignorance of the law excuses no man". It is not only so in the Philippine. That is how it is in my country (Liberia). When one breaks any law ignorantly, one has to bear the consequence. What our respective government needs to do is to create a forum or public awareness wherein almost every citizen is educated to the various laws of the land. Besides, as a christian or a God fearing person, one needs to be careful about how to go about doing things whatsoever through the grace and guardian of the Lord. May God Almighty help all who call upon Him to stay out of trouble.

John Mussah - Monrovia, Liberia

[eStu]

I don't know enough about the jurisprudential history of the Philippines to know precisely what the legal situation is. I wonder what brought article 3 of the Civil Code to your attention Crisi?

I note that it's the Civil Code you've referred to, but I'd imagine there's probably a similar rule or principle applied in your criminal justice system as well.

In relation to civil law here, we sometimes have equitable remedies available when the direct application of the law seems unjust or unfair. I couldn't imagine relief equitable being granted purely on the basis of ignorance of the law but if there were other factors and circumstances along with that ignorance, as you say someone acting in good faith, and perhaps someone else seeking injust enrichment by taking advantage of the ignorant person's ignorance of the law then a remedy might arise.

It might sound a bit harsh to apply a law to someone who isn't aware of it but in practice there are usually lots of safeguards within the broader body of laws to protect innocents from loss or prosecution.

Perhaps one area where ignorance of law not being an excuse can lead to some oppressive results is at the intersection of cultures, for instance colonial laws being imposed upon indigenous peoples.

In fact, I believe there is some form of a dual system operating in Liberia where there are some separate laws that apply only to certain groups of people, perhaps brother Mussah could enlighten us on that point.

Re: Cougarkharne's reply... ideally people would always defy immoral laws but sometimes a combination of propaganda targeting a people's worst inclinations and the threat of state-sanctioned violence against outspoken citizens has seen people accede to atrocious laws.

I'm gonna stop typing now in case there is a law on the books somewhere about boring you good folks to death.

[crisipicada]

while working the office of the city council way back 6 years ago, the vice mayor always make a solution to the problem and always wanted to have amicable settlement as long as the problem can be solved but of course a person is liable and face the consequences of his act.