Question

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

You are a lawyer representing a client in a dispute involving a local tradition in a small town. The tradition has been practiced for generations, but there is no specific law that recognizes or regulates it. The opposing party argues that the tradition should not be given legal effect because it is not supported by any written law. Your client firmly believes that the tradition should be upheld and respected. Advise your client on the effect and application of laws regarding custom in the Philippines.

1. Discuss the concept of custom as defined in the Civil Code and its effect in Philippine law.
2. Explain the conditions for a custom to be considered a form of law and its application in legal disputes.
3. Describe the role of the courts in recognizing and applying customary laws in the absence of specific legislation.