Question

Mr. Dela Cruz, a resident of Barangay Balintawak, has been using a plot of land adjacent to his property for over 20 years. He has been planting crops on the said land and has built a small hut where he rests during his farming activities. The actual owner of the land, Mrs. Santiago, recently discovered Mr. Dela Cruz's occupancy and wants him to vacate the property.

As a lawyer, advise Mrs. Santiago on the legal remedies available to her based on the provisions of the Civil Code regarding custom. Discuss the requirements, effect, and application of custom in determining the rights of parties in this situation.

1. Explain the concept of custom as stated in Article 11 of the Civil Code.
2. Discuss the significance of Article 12 in relation to Mr. Dela Cruz's claim of possession.
3. Analyze whether Mr. Dela Cruz's continuous and public use of the land can be considered as a basis for acquiring legal rights under the principle of custom.
4. Advise Mrs. Santiago on the appropriate legal course of action she can take to assert her ownership rights and remove Mr. Dela Cruz from the property.