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In legal systems, particularly in civil law jurisdictions like the Philippines, custom is recognized as a subsidiary source of law. According to Article 11 of the New Civil Code of the Philippines, custom will be given legal effect only when it is not contrary to law, public order, or public policy, and provided that it has been practiced continuously and uniformly for a long time and is accepted as binding by the community.
However, custom does not override written law. This means that if there is a conflict between a custom and a statute (law enacted by Congress), the statute prevails. Courts apply custom only when:
1. There is no applicable statute or judicial precedent, and
2. The custom does not violate any existing legal norms.
In short, custom can only fill in gaps in the law, but it cannot contradict or supersede the law. 👨⚖️
15/01/2025
Jones Rural School
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