Question

Maria and Pedro, residents of a small barangay, have been in a dispute over the ownership of a piece of land. Maria claims that the land has been in her family for generations and that they have been openly and continuously possessing it as their own. Pedro, on the other hand, argues that his family has been occupying and using the land for the past twenty years.

Both parties decide to settle the dispute and seek legal advice. Their lawyers inform them that the Civil Code recognizes the significance of custom as a source of law. Maria claims that the custom in their barangay is that ancestral land remains with the original family, while Pedro asserts that the custom is that possession for a certain period of time grants ownership.

Discuss the effect and application of custom in resolving the ownership dispute between Maria and Pedro under the Civil Code. Cite relevant provisions of the Civil Code, particularly Articles 11 and 12, in your analysis.