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

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

A group of friends, who belong to a small community in a remote province in the Philippines, have a long-standing tradition of celebrating an annual fiesta in their village. As part of the customs observed during the fiesta, it has been a practice for the locals to organize a grand procession, where they dress up in traditional costumes and parade through the streets, showcasing their rich cultural heritage. This tradition has been passed down from generation to generation, serving as a symbol of unity and pride for the community.

Recently, the local government passed an ordinance regulating public gatherings and processions within the province. The ordinance requires organizers to secure a permit from the local government before conducting any public event or procession. Failure to comply may result in penalties or fines.

In light of this development, one of the community members, who is also an advocate for cultural preservation, contests the legality of the ordinance, arguing that the procession is a long-established custom of their community and should be exempted from the permit requirement.

Discuss the effect and application of the provisions on Custom (Civil Code, arts. 11-12) in relation to the ordinance passed by the local government. Consider the rights and interests of the community, the local government's authority to regulate public events, and the impact on cultural heritage.




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Bar Review Question: EFFECT AND APPLICATION OF LAWS: J. Custom (Civil Code, arts. 11-12) A group of friends, who belong