Question

1. In a remote barangay in the province, a longstanding tradition has been observed where the community practices a unique form of dispute resolution. According to this custom, disputes and conflicts are resolved through a process of mediation and reconciliation led by respected elders of the barangay. The decisions made during these proceedings are binding and enforceable within the community. Recently, a dispute arose between two families regarding the ownership of a piece of land, and they opted to go through the customary mediation process. The elders listened to both parties, considered the evidence presented, and issued a decision awarding the land to one of the families. However, the losing party disagrees with the decision and wants to challenge it in court.

Discuss the following:

a) What is the concept of custom under the Civil Code?

b) Can the decision of the customary mediation process be challenged in court? Explain.

c) If the decision is challenged, what factors should the court consider in determining the enforceability of the customary decision?