Question

I. EFFECT AND APPLICATION OF LAWS

Topic: J. Custom (Civil Code, Arts. 11-12)

Maria and Juan entered into a lease agreement for a commercial property. The lease agreement provided that the monthly rental fee shall be paid on or before the 5th day of each month. However, in the community where the property is located, it is customary for tenants to pay the rent within the first week of the month.

One month, Maria was unable to pay the rent until the 8th day of the month. As a result, Juan demanded the payment of a penalty fee as indicated in the lease agreement. Maria claims that the penalty fee is not enforceable because it goes against the customary practice in the community.

Discuss the effect and application of custom in this specific situation. Can Maria be exempted from paying the penalty fee based on the customary practice in the community?