Gierza, Anna Marie M.

BSBA FM3

ACTIVITY #1 (20 points)

INSTRUCTION: In page 10 of our Module, accomplish the Activity of the following:

1. Exercise
Direction: Using the matrix below, identify the elements of obligation in the
given
situation. In a contract executed between Alucard and M. Legend University, Alucard
agreed to teach for one year for a compensation.

PASSIVE SUBJECT ACTIVE SUBJECT PRESENTATION LEGAL TIE

Alucard M. Legend University Alucard agreed to Contracts
teach for one year

2. Assessment (True or False)

TRUE OR FALSE. Write true of the statement is correct and write false if it is
incorrect.

1. The efficient cause (vinculum or the legal or juridical tie) of an obligation may be any of
the five sources of obligation. TRUE
2. The passive subject (debtor or obligor) has the right to demand
performance/compliance of the obligation to give, to do or not to do. FALSE
3. Civil obligation is not enforceable by court action. FALSE
4. Natural obligation is enforceable by court action. FALSE
5. Active subject (creditor or oblige) is the person who has the right to demand the
fulfillment of the obligation. TRUE

3. Reflection
What do you think are the reasons why knowing the presumption “ignorance of
law excuses no one from compliance therewith” is important to individual?
 The presumption “ignorance of law excuses no one from compliance therewith”
is an important legal principle that helps protect individuals from becoming
entangled in legal proceedings they may not understand. Ignorance of the law is
not a viable defense to criminal or civil charges.

This principle has been codified in the U.S. through the common law, which
states that ignorance of the law is not a valid excuse for a person’s failure to
comply with the law. All citizens are required to comply with their state’s laws
without requiring them to understand or have any prior knowledge of them. The
burden is on the state to provide its citizens with adequate notice of its laws and
regulations. A party who intentionally violates a law can be charged with
contempt of court for willfully disregarding a court order or statute, but the
willful violation must be intentional and specific. If a defendant is unaware of the
order he or she violated, that fact cannot be used in mitigation of punishment.
Similarly, if the circumstances surrounding the commission of the crime suggest
that the defendant was not aware of the law governing his conduct, the fact that
the defendant was not aware can be used to mitigate his or her sentence.

For example, a defendant may claim that he did not know he was not allowed to
have a gun in his possession or that he was not aware that it was illegal to drink
alcohol while driving a car. Whether or not the defendant was aware of the law
is irrelevant in determining whether or not he is guilty of violating the law. The
defendant can seek the counsel of a criminal defense attorney to determine if
there are grounds on which to obtain a ruling stating that he should not be found
guilty due to his lack of knowledge of the laws he violated. If the defense
attorney is successful in securing such a ruling, the defendant will not be found
guilty of the charges against him. The law states that a person cannot knowingly
and willfully violate the law if he does not know that it is against the law to do so.
However, there are exceptions. A person who aids and abets a crime is legally
responsible for the actions of the person who committed the crime. An
accomplice does not need to have knowledge of the crime to be convicted of the
crime. If a defendant is convicted by a court based on an accomplice’s testimony,
the judge will determine if the person was an accomplice to the crime beyond a
reasonable doubt. Knowingly and willfully violating the law and being an
accomplice are both forms of criminal liability; however, they cannot be used
interchangeably. If a person is charged with aiding and abetting a violent crime,
his punishment for that crime may be more severe than his punishment for the
actual offense. Determining which type of criminal liability applies to a case will
depend on the circumstances involved. Criminal penalties vary depending on the
type of violation involved and can range from fines to imprisonment. Punishment
may also vary according to the degree of culpability of the offender.