Mistake of Law Mistake of Fact

It sets the notion that a person commits a violation It refers to the individual’s misunderstanding
or an illegal act but he/she tries to escape regarding the facts of the situation which leads the
responsibility by claiming ignorance of the law. person into breaking the law
The person knowingly does something but the
person does not know that it is illegal (McCurley,
2018)
The person can be held criminally liable The person is not held criminally liable

ignorance of the law excuses no one from Requisites of mistake of fact as a defense:
compliance therewith. (Revised Penal Code)

1.That the act done would have been lawful had

the facts been as the accused believed them to be.

2.That the intention of the accused in performing

Manao, Jim Paul B. the act should be lawful. Civil Law 1
BAPS 2A
3. That the mistake must be without fault or
carelessness on the part of the accused.
 Express Repeal Express Repeal and Implied Repeal of Laws

Contained in a special provision of a subsequent law Takes place when the provisions of the subsequent la
are incompatible or inconsistent with those of an earl
law.

the statute expressly mentions that an earlier law will Later laws shall abrogate the earlier laws that are
no longer be applicable, and thus would be inoperative. contrary or in conflict with the subsequent laws.
(Dienla, 2014) (Dienla, 2014)