THE UNITED STATES, plaintiff-appellee, vs. RUFINO DELOSO, defendant-appellant.

G.R. No. 4411 August 31, 1908

TORRES, J.:

Topic: Ignorance of the law excuses no one from compliance therewith.

FACTS:

1. Rufino Deloso run and won as municipal president in Oroquieta after the election held on 05 December 1905. This was protested by several residents on the ground that he had no legal residence in Oroquieta. In his defense, Deloso took an oath before a notary public stating that he had resided there from April 1902 until 04 January 1906, or the time the oath was sworn to. That despite his frequent visits to pueblo pueblo of Jimenez, he always returned to Oroquieta, his place of residence and that he never vote for municipal officers of Pueblo. 

2. However, prior to that, Deloso stated under oath to the municipal secretary of Jimenez that he would have resided therein for six months on 01 December 1904 at the time of the municipal election and that withhe was entitled to vote.

3. The prosecution filed evidences against the defendant that are as follows: 

Exhibit A - Sworn statement that he had resided in Oroquieta since April 1902 to 04 January 1906.

Exhibit B - Municipal Form No. 10 stating that the defendant stated under oath that he was a resident of Jimenez.

4. A complaint charging Deloso with the crime of falsification of documents was filed. He was then found guilty of Article 311 in connection with Article 310 of the then Penal Code which provides a punishment of arresto mayor to any individual who falsify a certificate or shall knowingly use a falsified certificate. 

5. The defendant pleaded not guilty and alleged that he signed the municipal form no. 10 without having read its its contents and that he was not aware of the provisions of the Municipal Code, specifically, of the residency required of an elector. 

ISSUE:

Is the defendant guilty of Article 311 eventhough he pleaded ignorance re the contents of municipal form no. 10? 

RULING:

Yes, he is guilty. Art. 2 provides that ignorance of the law excuse no one from compliance therewith. Moreover, taking into account the degree of education and intelligence of the defendant who assisted a resident of the pueblo of Jimenez in his complaint against the municipal president for violation of the Municipal Code, he was undoubtedly acquainted with the said code, and that he maliciously and knowingly used the certificate issued by the municipal secretary of Jimenez, containing his false declarations, in order to exercise the right of suffrage during the 1994 Jimenez municipal elections.He was well aware that he was neither a resident of Jimenez or entitled to participate in such elections. Therefore, Deloso is pronounced guilty and will suffer the medium degree of arresto mayor.