Text of the provision
Art. 12. A custom must be proved as a fact, according to the rules of evidence.
(n)
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.
Related provisions
- Article 11 — limits on customs that may be recognized.
- Article 10 — interpretation toward right and justice.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.