ENGL3063 ARGUMENTATION AND DEBATETITLE : ENACTMENT OF PENAL LAWS IN SIMPLE ENGLISHAnnotated bibliographySubmitted to: PROF. RAFAEL MICHAEL O. PAZSubmitted by: JAMES PETER E. GARCESAugust 7, 2015

Sources (APA format)Direct quotation of relevant information from your readings

Paraphrase/summary or explanation of the relevance of the reading material to the topic

Milagros Santos-Ong “Philippine Legal

Research” July 2005,

http://www.nyulawglobal.org/globalex/Phi

lippines.htm

Filipino is the national language (1987

Constitution, Art. XIV, sec. 6). However,

Filipino and English are the official

languages for the purpose of

communication and instruction (Art. XIV,

sec 7). There are several dialects or

regional languages spoken throughout

the different islands of the country, but

there are eight major dialects, which

include Bicolano, Cebuano, Hiligaynon or

Under Art. XIV, Sec. 6 of the 1987

Constitution, Filipino is the National

Language. On the other hand, it is provided

in Art. XIV, Sec. 7 that Filipino and English

are the official languages of communication

and instruction. The problem is that there

are other major dialects in the Country.

Hence, all or laws enacted are in English.

Ilongo, Ilocano, Pampango,

Pangasinense, Tagalog, and Waray.

Isabel Pefianco Martin “Expanding the Role

of Philippine Language in the Legal System:

The Dim Prospects”

At a hearing on a homicide case, Regional

Trial Court (RTC) Presiding Judge Ronaldo

Martin prepared to dismiss the case

because neither witnesses nor

representatives of the victim had been

attending the sessions. The case had

lagged for almost four years. But just

before Judge Martin announced his

decision, he asked one more question,

this time using the Filipino language:

“Sino sa inyo ang nakakakilala sa biktima?

(Is there someone in this room who

All pleading, practices and procedure in all

courts of the Philippines are in English, the

only stage of the criminal proceeding

translated in Filipino is in the arraignment

and plea and judgment. Thus, the barrier

created by the English language in a fair

trial must be resolved.

knows the victim?)” An elderly woman

raised her hand. Judge Martin explained

to her the situation and, recognizing that

the woman had frequented his

courtroom, asked why she had not been

participating in the sessions. The woman

replied, “Hindi po ako marunong ng

English. (I do not know English)”Martin

Radley Balko “Ignorance of the Law Is No

Excuse Unless you work in law

enforcement” August 2, 2010,

http://reason.com/archives/2010/08/02/ig

norance-of-the-law-is-no-exc

Ignorance of the law is no excuse. That's

the standard line motorists hear when

they say they weren't aware of the speed

limit, or gun owners hear when they say

didn't know about the gun laws in the

jurisdiction they happened to get

arrested in. Yet that ignorance is pretty

Under Article 3 of the Civil code of the

Philippines, “Ignorance of the law excuses

no one from compliance therewith”. It is

expressly provided under the law that lack

of knowledge about the it is no excuse on

the part of the citizens. However, on the

understandable in an America where just

about everything is being criminalized. At

the federal level alone there are now

more than 4,500 separate crimes, and

that's not counting the massive

regulatory code, violations of which also

can sometimes be punished with criminal

charges.

As citizens, we're expected to know and

obey all of these laws, in addition to state

and local statutes and the relevant court

opinions that interpret the breadth and

depth of all of those laws.

But what happens when law enforcement

part of those in authority under the

government, it is considered as a valid

excuse because of the presumption of

regularity on their part.

officials don't know the law? What

happens when they illegally detain,

arrest, and charge you even though

you've done nothing wrong? Unlike you,

their ignorance doesn't result in arrest or

jail. And unless the violation is pretty

egregious, they're unlikely to be punished

for it.

Isabel Pefianco Martin “Expanding the Role

of Philippine Language in the Legal System:

The Dim Prospects”

The so-called language barrier in the

Philippine legal system is symptomatic of

deeper issues of language and power that

have beset other sectors such as

education, trade and industry. But while

the education sector, through the newly

To address issues on language barrier in the

Philippine legal system, the creation and

implementation of the MTBMLE2 as a

solution to improve English profeciency.

Because under the law there is only one

official language—English.

implemented MTBMLE2 (Mother Tongue

Curriculum) policy of the Department of

Education (Memo. No. 74), has begun to

seriously address the marginalization

brought about by the English language,

the legal system remains a stronghold of

the language. Laws and court decisions

are largely written in English and these

are rarely translated into Filipino. And

while code-switching may sometimes be

observed in courtrooms, English alone is

used for records.

Manuel v. People, G.R. No. 165842,

November 29, 2005

As a general rule, mistake of fact or good

faith of the accused is a valid defense in a

Ignorance of the law only negates the

malice of the accused, however the same is

prosecution for a felony by dolo; such

defense negates malice or criminal

intent. However, ignorance of the law is

not an excuse because everyone is

presumed to know the law. Ignorantia

legis neminem excusatm

not an excuse because of the presumption

that everyone knows the law.