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

Question

Question I: Effect and Application of Laws - Custom

Tom and Jerry are neighbors in a rural town in the Philippines. They have been friends for many years and often engage in friendly competitions. As is customary in their town, every year they organize a "Mud Wrestling Festival" where locals come together to participate in an exciting mud wrestling competition. The festival has become a tradition and is eagerly anticipated by everyone in the community.

One year, a new group of residents moved into the town and expressed their disapproval of the Mud Wrestling Festival, believing it to be indecent and against their personal beliefs. They threatened to take legal action to stop the festival from happening.

Considering the situation, discuss the following:

  1. What is custom, as defined in the Civil Code of the Philippines?
  2. Can the Mud Wrestling Festival be considered a valid custom? Explain your answer, citing the relevant provisions of the Civil Code.
  3. Can the new group of residents successfully prohibit the Mud Wrestling Festival based on their personal beliefs? Discuss the balance between personal beliefs and local customs, considering the applicable laws.



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Bar Review Question: Question I: Effect and Application of Laws - Custom Tom and Jerry are neighbors in a rural town in