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

Question

Subject: Effect and Application of Laws
Topic: Custom (Civil Code, arts. 11-12)
Question:

Edith and Sonia are neighbors in a small rural community. For many years, it has been a customary practice in their community to celebrate the annual "Harvest Festival" by organizing a parade through the main streets, showcasing local produce and cultural performances. This practice has been observed and participated in by the entire community, making it a well-established tradition.

However, this year, the local government passed an ordinance prohibiting the holding of parades and processions due to traffic and safety concerns. The local government cited that the growing population and increased vehicle traffic in the area pose risks and inconvenience.

Edith and Sonia, along with some other community members, argue that the ordinance should not be applicable to their annual "Harvest Festival" parade because it is a long-standing custom in their community. They believe that their custom has the force of law under Article 11 of the Civil Code.

In light of this scenario:

  1. Discuss the concept of custom as provided in Article 11 of the Civil Code.
  2. Analyze the effect and application of the prohibition ordinance on the annual "Harvest Festival" parade.



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Bar Review Question: Subject: Effect and Application of Laws Topic: Custom (Civil Code, arts. 11-12) Question: Edith and