ARTICLE 11. Customs which are contrary to law, public order or public policy shall not be countenanced.
source: pdff.sytes.net
Explanation/Discussion:
(1) Custom Defined
A custom is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.
(2) Requisites before the courts can consider customs
a. A custom must be proved as a fact, according to the rules of evidence, otherwise the custom cannot be considered as a source of right.
b. The custom must not be a contrary to law, public order, or pubic policy.
c. There must be a number of repeated acts.
d. The repeated acts must have been uniformly performed.
e. There must be a juridical intention. To make a rule of social conduct that is, there must be a conviction in the community that is the proper way of acting, and that therefore a person who disregards the custom in fact also disregards the law.
f. There must have be a sufficient lapse of time – this by itself is not a requisite of custom, but it gives evidence of the fact that indeed it exists and is being duly observed.
NOTE: An Igorot custom of adoption without legal formalities is contrary to law and cannot be countenanced or invoked.
(3) Law distinguished from custom
While ordinarily a law is written, consciously made, and enacted by congress, a custom is unwritten, spontaneous, and comes from society. Moreover, a law is superior to a custom as a source of right. While the courts take cognizance of local laws, there can be no judicial notice of customs, even if local.
