Art. 3. Ignorance of the law no one from compliance therewith.
source: laws.jpg
Discussion and Explanation:
(1)Latin Maxim on Ignorance of the Law
A familiar legal maxim is found in the Latin “Ignorantia legis non escusal” meaning “Ignorance of the law excuses no one”. The good hardly need law: when they do good acts, this is not because they are deliberately complying with the law, because they are simply good men.
On the other hand, without the maxim, the corrupt will make social existence unbearable, abuses will increase, and ignorance will be rewarded.
(2)Applicability of the Maxim
Art. 3 apply to all the domestic laws, whether civil or penal on ground of expediency, policy, and necessity, that is, to prevent evasion of the law. Ignorance of foreign law is not ignorance of the law. if the foreign law is not properly alleged and proved, the presumption is that t is the same as our law.
(3)Scope of “Ignorance of the Law”
When we say “Ignorance of the Law”, we refer not only to the literal words of the law itself, but also to the meaning or interpretation given to said law by our courts of justice.
(4)Ignorance of the Law Distinguished from Ignorance of the Fact ( Mistake of Fact)
While ignorance of the law is no excuse, that is, no excuse
While ignorance of the law is no excuse, that is, no excuse for not complying with the law, ignorance of the fact criminates criminal intent as there is no negligence.
No comments:
Post a Comment