Preliminary Title: Article 11 and Article 12 Flashcards
State Article 11 of the Civil Code of the Philippines.
Customs which are contrary to law, public order or public policy shall not be countenanced.
State Article 12 of the Civil Code of the Philippines.
A custom must be proved as a fact, according to the rules of evidence.
Define Customs.
Customs are rules of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and obligatory
True or False: Custom can prevail over a staturory rule or even legal rule enunciated by the Supreme Court.
False. Custom, even if proven, cannot prevail over a
statutory rule or even a legal rule enunciated by
Supreme Court.
True or False: A local custom can be considered as a source of right can be considered by a court of justice unless such custom is properly established by competent evidence like other fact.
False. A local custom cannot be considered as a source of right can be considered by a court of justice unless such custom is properly established by competent evidence like other fact. Merely because something is done as a matter of practice does not mean that courts can rely on the same purposes of adjudication as a juridical custom.
What is the difference between Juridical custom and social custom?
Juridical custom can supplement statutory law or applied in the absence of a statute. Not so with social custom.
Can Courts take judicial notice of custom?
No. Courts take no judicial notice of custom.
What are the requisites for making custom an obligatory rule (taken from the review material)?
(1) Plurality of acts or acts have been repeatedly
done
(2) Generally practised by the great mass of the
social group
(3) The community accepts it as a proper way of
acting, such that it is considered obligatory upon all
(4) The practice has been going on for a long period
of time
