G.R. No. 428 April 30, 1902
EN BANC
LADD, J.:
TOPIC: ARTICLE 3. Ignorance of the law excuses no one from compliance therewith.
FACTS:
1. Jose and Francisca Zulueta are the sole heirs of their deceased father. Three auditors, two nominated by each heir and an auditor umpire chosen by both, were appointed for the testamentary proceedings. The author agreed with the report of the author nominated by Jose. Francisca disagreed and no agreement has been reached.
2. The court then directed that the procedure prescribed for declarative actions be followed and that the record be again delivered to Doña Francisca in order that she might formulate her demand in accordance with article 1071 of the Ley de Enjuiciamiento Civil.
3.
ISSUE:
Is Doña Francisca entitled to a relief against the consequences of her failure to interpose her appeal against the auto of June 22 within the period fixed by the law.
RULING:
No. It was clear that the misconception or ignorance of law was on Francisca's part in regard to the time within which the appeal could be taken. There's no reason for Art. 2(of the Old Civil Code) which states that "ignorance of the law does not excuse from compliance therewith" to be relaxed since Francisca already had 15 days, plus a 7-day extension to file her demand in the declarative action.
Since she failed to do so within the prescribed period, she is no longer entitled to a relief for her appeal against the June 22 auto.
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