I.

PRESUMPTION OF KNOWLEDGE OF LAWS

1. What is the difference between ignorance of the law and ignorance of the fact?
While ignorance of the law is no excuse, i.e., no excuse for
not complying with the law, ignorance of the fact eliminates
criminal intent as long as there is no negligence.

2. What laws are covered?

the laws referred to under Art. 3 of the NCC are those of
the Philippine Laws and it applies to all kinds of domestic
laws, whether civil or penal, substantive or remedial.
However, the article is limited to mandatory and
prohibitory laws.

3. What are the exceptions?

As an exception, laws that are merely permissive are not covered.

4. What is the doctrine of processual presumption?

The foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such law shall be
presumed to be exactly the same as the law of the forum.

II. PROSPECTIVE APPLICATION OF LAWS

1. What does prospective application of the law mean?

Laws always take effect after they have been enacted and published. In relation to ignorance of the law, while it may
not serve as an excuse, such ignorance refers only to laws that
have already been enacted.
2. What are the exceptions?
The following are the exceptions:
1. if the laws themselves provide for retroactivity (Art. 4,
Civil Code), but in no case must an ex post facto law be
passed
2. If the laws are remedial in nature.
3. If the statute is penal in nature, provided:
a) It is favorable to the accused or to the convict;
b) And provided further that the accused or convict
is not a habitual delinquent
4. If the laws are of an emergency nature and are author-ized by the police power of the government.
5. If the law is curative but to be valid, it must not impair
vested rights nor affect final judgments.
6. If a substantive right be declared for the fi rst time, unless
vested rights are impaired.
7. If a substantive right be declared for the fi rst time, unless
vested rights are impaired.

3. What are the exceptions to the exceptions?

If the application of the retroactive law:
1. Impairs obligation of contracts;
2. Is in the nature of ex post facto law or a bill of
attainder,
3. Divests vested rights; or
4. Is constitutionally forbidden

III. WAIVER OF RIGHTS

1. What are the elements of rights?

a) there must be a legally enforceable claim of one person against the other
b) that the other shall do a given act, or shall not do a given act

2. What are the requisites of a valid waiver of rights?

1. Waiving party must actually have the right he is
renouncing;
2. He must have full capacity to make the waiver;
3. Waiver must be clear and unequivocal;
4. Waiver must not be contrary to law, public order,
public morals, etc;
5. When formalities are required, they must be
complied with.

3. When is there a valid renouncement of a right?

There is valid renouncement of a right when the waiver is:
a) not contrary to law, public order, public policy,
morals or good customs;
b) not Prejudicial to a third person with a right
recognized by law.
c) not a natural right neither an inchoate right