Art. 12 Chapter I of the Civil Code of the Philippines

ARTICLE 12.  A custom must be proved as a fact, according to the rules of evidence. (n)

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 Explanation/Discussion:

(1)   Presumption of acting in accordance with custom

There is a presumption that a person acts according to the custom of the place.

(2)   When a custom is presumed non-existent

A custom is presumed not to exist when those who should know do not know of its existence.

(3) Kinds of customs

a. A general custom is that of a country; a “custom of a place” is one where an act transpires.

NOTE: A general custom if in conflict with the local custom yields to the latter however, in the absence of proof to the contrary, a general custom is presumed to be also the “custom of the place”.

b. A custom may be propter legem (in accordance with law) or contra legem (against the law). It is unnecessary to apply the first, because it merely repeats the law; it is wrong to apply the second. Customs extra legem are those which may constitute sources of supplementary law, in default of specific legislation on the matter.