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AllBar 2024Civil LawI. EFFECT AND APPLICATION OF LAWSJ. Custom (Civil Code, arts. 11-12)

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Question

I. EFFECT AND APPLICATION OF LAWS

Topic: J. Custom (Civil Code, arts. 11-12)

Scenario:

Mr. Rodriguez purchased a property located in a rural area in the Philippines. The property has been used for agricultural purposes for several generations. Upon acquisition, Mr. Rodriguez plans to convert a portion of the land into a commercial area to attract business establishments and increase its value. However, the neighboring farmers strongly object to this plan, arguing that it goes against the long-standing custom in the community of preserving agricultural land and maintaining the rural character of the area.

Question:

Discuss the applicability and effect of custom in relation to Mr. Rodriguez's plan to convert the agricultural land into a commercial area. Cite the relevant provisions of the Civil Code and explain how they should be interpreted and applied in this scenario.


Answer

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