Article 3 of the Civil Code: Ignorance of the law excuses no one
Status: In force
What does Article 3 say?
Ignorance of the law excuses no one from compliance therewith.
What does it mean in plain language?
Article 3 of the Civil Code is one short sentence: ignorance of the law excuses no one from compliance with it. A person who breaks a law in force cannot escape its effects by saying he or she did not know the law existed. The rule works together with Article 2, which says when a law takes effect: after it has been published.
How does it work in real life?
Arnel and the new rule
A new law is published in a newspaper of general circulation and says nothing about when it takes effect. Arnel does not read newspapers. Twenty days after the publication, he does something the new law prohibits. Under Articles 2 and 3, the law was already in effect, and his not knowing about it is not a defense.
Lea signs as co-maker
Lea signs a loan document as co-maker without reading it closely. It says she is bound "jointly and severally" with the borrower. Following Palmares, her not knowing what the document meant would ordinarily not free her from liability.
What does this mean in practice?
- Article 3 does not decide how a court treats every honest mistake. Other articles, such as Article 2154 and Article 2155, deal with mistakes in payments.
- Duties of good faith in dealing with others are in Article 19.
- The required form of contracts is in Article 1356. See also is a verbal agreement binding?
- See also the topic page on contracts and obligations.
- For free or low-cost legal help, see where to find legal help.
What does Article 3 say?
Ignorance of the law excuses no one from compliance therewith.
The words "compliance therewith" mean obeying the law. The article does not list exceptions. It applies to every law that is already in force.
When is a law considered known to everyone?
The rule makes sense only because a law must first be made public. Article 2 sets the time a law takes effect:
Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.
So the general rule is fifteen days after publication is complete. A law may set a different date ("unless it is otherwise provided"). Once the law is in effect, Article 3 applies: everyone is expected to follow it.
Does the rule cover what is written in a contract?
Article 3 is about laws, not about private documents. But the Supreme Court applies a similar idea to people who sign contracts. In Palmares v. Court of Appeals (1998), a woman signed a promissory note as a co-maker who was "jointly and severally" liable. She argued she was only a guarantor. The Court said that ignorance of the contents of an instrument does not ordinarily affect the liability of the person who signs it, and that a surety's mistake about the legal effect of her obligation is ordinarily no reason to release her. She was held liable as a surety. For more on this, see Article 2047 on guaranty and suretyship.
Are there mistakes of law the Civil Code forgives?
Yes, in a narrow case. Article 2155 deals with money or things paid because of a mistake about a hard legal question:
Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article.
The "preceding article" is Article 2154, the rule on payment by mistake (solutio indebiti). A payment made because of such a mistake may have to be returned. Whether a legal question was "doubtful or difficult" is for the court to decide.
Frequently asked questions
What does "ignorance of the law excuses no one" mean?
Article 3 of the Civil Code says ignorance of the law excuses no one from compliance therewith. A person must follow a law that is in force even if he or she did not know about it.
When does a new law take effect in the Philippines?
Article 2 of the Civil Code says laws take effect after fifteen days following the completion of their publication in the Official Gazette or in a newspaper of general circulation in the Philippines, unless the law itself provides otherwise.
Can I avoid a contract because I did not read it?
As a rule, no. In Palmares v. Court of Appeals (1998), the Supreme Court said ignorance of the contents of an instrument does not ordinarily affect the liability of the person who signs it, and applied this to a co-maker who signed as a surety.
Does the rule also cover mistakes about the law in a payment?
Article 2155 says a payment made because of a mistake in the construction or application of a doubtful or difficult question of law may come within the rule on payment by mistake in Article 2154. So the Civil Code itself makes room for some mistakes of law.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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