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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSB. Ignorance of the Law, (Civil Code, Art. 3) Ignorance of Fact

Question

EFFECT AND APPLICATION OF LAWS

B. Ignorance of the Law, (Civil Code, Art. 3) Ignorance of Fact

Mr. Dela Cruz is a tenant who has been residing in an apartment for several years. He has always paid his rent on time and taken good care of the premises. One day, Mr. Dela Cruz receives a notice from his landlord stating that his rent will be increased by 50% starting the following month.

Unaware of any laws related to rent increases, Mr. Dela Cruz decides not to contest the increase and proceeds to pay the higher rent. After a few months, one of Mr. Dela Cruz's co-tenants tells him that the landlord cannot increase the rent by more than 10% per year according to the Rent Control Act.

Feeling aggrieved, Mr. Dela Cruz decides to seek legal advice. He consults an attorney who tells him that according to the Civil Code, ignorance of the law excuses no one from compliance therewith. However, the attorney also mentions that ignorance of fact may sometimes be a valid defense.

Based on the scenario presented, discuss the following:

  1. What is the effect of ignorance of the law according to Article 3 of the Civil Code?
  2. Can Mr. Dela Cruz's ignorance of the Rent Control Act be accepted as a valid defense? Explain your answer.



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Bar Review Question: EFFECT AND APPLICATION OF LAWS B. Ignorance of the Law, (Civil Code, Art. 3) Ignorance of Fact Mr