Applicability of custom

Question 1

Article 11 NCC

Answer 1

Art 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

Question 2

Article 12 NCC

Answer 2

Art 12. A custom must proved as a fact, according to the rules of evidence. (n)

Question 3

Sec 5 Article XII 1987 Constitution

Answer 3

Sec 5. Art XII CONST. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

Question 4

Rule 129 (2) Rules of Court

Answer 4

Section 2. Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. (1a)

Question 5

Rule 129 (3) Rules of Court

Answer 5

Section 3. Judicial notice, when hearing necessary. — During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.