Practice question
Before committing an act, a person receives private advice inconsistent with all prevailing Supreme Court decisions. The person claims this is necessarily the same as Jabinal's reliance on older controlling doctrine. Which is correct?
- Every private opinion has identical force to controlling jurisprudence.
- Private contrary advice alone is not the same factual basis as reliance on the then-prevailing Supreme Court interpretation.
- Private counsel can abolish every statutory offense.
- Any favorable advice conclusively proves an applicable exemption.
- All Supreme Court decisions are merely optional advertisements.
Legal references
- Civil Code Articles8,13-16: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- People v. Jabinal, G.R.L-30061, February27,1974, MAIN: https://lawphil.net/judjuris/juri1974/feb1974/gr_l_30061_1974.html
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