Text of the provision
Art. 12. A custom must be proved as a fact, according to the rules of evidence.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Unlike law, which courts take judicial notice of, a custom must be alleged and proved like any other fact, following the rules of evidence. A party invoking a custom bears the burden of establishing its existence, its certainty, and its general observance — and, per Article 11, that it is not contrary to law or public policy.
Questions about this provision
Related provisions
- Article 11 — limits on customs that may be recognized.
- Article 10 — interpretation toward right and justice.
Cases citing this article
- Metropolitan Fabrics, Inc., et al. vs Prosperity Credit Resources, Inc. et al, G.R. No. 154390, March 17, 2014 — read the decision on LawPhil →
- Monico San Diego vs. Eufrocinio Evangelista, G.R. No. 163680, January 24, 2006 — read the decision on LawPhil →
- Apolonia LL. Ocampo, et al. vs. Fidela LL. Ocampo, et al, G.R. No. 150707, April 14, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.