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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSJ. Custom (Civil Code, arts. 11-12)

Question

EFFECT AND APPLICATION OF LAWS: Custom (Civil Code, arts. 11-12)

A local community in a province has a long-standing tradition of celebrating a "Harvest Festival" every year. During the festival, the community members engage in various customs and practices, including a grand parade, cultural performances, and traditional games. These customs have been passed down from generation to generation and are deeply ingrained in the community's identity.

Recently, a new law was enacted prohibiting the public gathering of large crowds due to public health concerns. The local government issued a directive canceling all public events, including the Harvest Festival, to comply with the law.

However, the community strongly believes that the Harvest Festival is an integral part of their cultural heritage and should be exempted from the law. They argue that the festival has been practiced for centuries without any harm to public health and is essential for preserving their traditions.

Discuss the effect and application of the law on customs, particularly in relation to the Harvest Festival. Are there any legal principles or provisions that can be invoked to support or challenge the cancellation of the festival? How should the conflict between the community's customs and the law be resolved?




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Bar Review Question: EFFECT AND APPLICATION OF LAWS: Custom (Civil Code, arts. 11-12)