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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: IGNORANCE OF THE LAW AND IGNORANCE OF FACT

In a certain city, a new ordinance was passed requiring all residents to obtain a permit in order to operate a business within the city limits. The ordinance was published in the local newspaper and posted in prominent public places. Despite these efforts, many residents claim ignorance of the new requirement and continue to operate their businesses without obtaining the necessary permit. One of the business owners, Juan, argues that he should not be held liable for violating the ordinance because he was unaware of its existence. On the other hand, the city government maintains that ignorance of the law is not an excuse.

Consider the given scenario and the principle of law. Based on Philippine civil law and legal principles:

1. Can Juan be held liable for violating the ordinance even though he claims ignorance of its existence?

2. Can ignorance of the law serve as a valid defense in this case?

3. Discuss the differences between ignorance of the law and ignorance of fact, and their respective effects on legal liability.




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