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Monday, August 9, 2010

Ignorance of the Law vs. Mistake of Fact

CIVIL LAW QUESTION 1996


Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact?

SUGGESTED ANSWER:
Yes, there is a difference. While ignorance of the law is not an excuse for not complying with it, ignorance of fact eliminates criminal intent as long as there is no negligence (Art, NCC). In addition, mistake on a doubtful or difficult question of law may be the basis of good faith (Art. 526. NCC). Mistake of fact may, furthermore, vitiate consent in a contract and make it voidable (Art. 1390. NCC).

ALTERNATIVE ANSWER:
Yes. ignorance of the law differs in legal effect from Ignorance or mistake of fact. The former does not excuse a party from the legal consequences of his conduct while the latter does constitute an excuse and is a legal defense 

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