I.

PRESUMPTION AND APPLICABILITY OF CUSTOM

Q: What is the presumption in case there is doubt in the interpretation or application of laws?

A: That the lawmaking body intended right and justice to prevail (Art. 10).

Q: What are customs? A: These are rules of conduct, legally binding and obligatory, formed by
repetition of acts uniformly observed as a social rule.

Q: How are customs proved?

A:    GR: Must be proved as a fact, according to the rules on evidence.

XPN: Courts may take judicial notice of a custom if there is already a decision rendered by the same
court recognizing the custom.

Q: What are the requisites to make a custom an obligatory rule?

A: P‐TOP

1. Pluralityor Repetition of acts

2. Practiced for a long period of Time

3. The community accepts it as a proper way of acting, such that it is considered Obligatory upon all.

4. Practiced by the great mass of the social group.

Q: May courts apply customs in deciding cases?

A: 1. In civil cases, customs may be applied by the courts in cases where the applicable law is: SOI

a. Silent

b. Obscure

c. Insufficient    

Provided said customs are not contrary to law, public morals, etc.

2. In criminal cases, customs cannot be applied because nullum crimen nulla poena sine lege (There is
neither crime nor punishment, without a law).

J. LEGAL PERIODSS

Q: How do you compute the periods?

A:   Year – 365 days Month – 30 days Day – 24 hours Nighttime – from sunset to sunrise

Note: Month: if designated by its name: compute by the number of days which it respectively has.

Week: 7 successive days regardless of which day it would start Calendar week: Sunday to Saturday
Note: In Commissioner of Internal Revenue v. Primetown Property Group, Inc., the SC ruled that as
between the Civil Code, which provides that a year is equivalent to 365 days, and the Administrative
Code of 1987, which states that a year is composed of 12 calendar months, it is the latter that must
prevail following the legal maxim, Lex posteriori derogat priori.

Q: What is the manner of counting periods? A: Exclude the first, include the last;  

Step 1. From the reckoning date, add the period or number of days which will expire. e.g. Calendar
days, not leap year: Date of commission = September 3, 2005 Prescriptive period = 90 days from
commission 3 + 90 = 93

Step 2. From the total, subtract the number of days, calendar or not, until the difference is less that the
number of days in a month. This difference shall be the date in the month immediately succeeding the
last month whose number of days was subtracted.         93

Less: September   30 = 63

Less: October    31 = 32

Less: November 30 = 2 (December)

November is the last month whose number of days was subtracted; hence, the remaining difference of 2
shall be the date in December, the month immediately succeeding November.

Hence, the last day for filing the action is December 2, 2005.  

  Q: In a case for violation of the Copyright law filed against her, Soccoro countered by saying that since
the crime was found out on September 3, 1963, while the information was filed on September 3, 1965,
the crime had already prescribed, since 1964 was a leap year. Has the crime prescribed?

A: Yes. Namarco v. Tuazon held that February 28 and 29 of a leap year should be counted as separate
days in computing periods of prescription. Since this case was filed on September 3, 1965, it was filed
one day too late; considering that the 730th day fell on September 2, 1965 — the year 1964 being a leap
year. With the approval of the Civil Code of the Philippines (R.A. 386) we have reverted to the provisions
of the Spanish Civil Code in accordance with which a month is to be considered as the regular 30‐month
and not the solar or civil month with the particularity that, whereas the Spanish Civil Code merely
mentioned 'months, days or nights,' ours has added thereto the term 'years' and explicitly ordains in
Article 13 that it shall be understood that years are of three hundred sixty‐ five days.(People v. Ramos
GR L‐25265, May 9, 1978, Ramos v. Ramos GR L‐25644, May 9, 1978) However, when the year in
questioned is a leap year, the 365 day rule is not followed because February 28 and 29 of a leap year
should be counted as separate days in computing periods of prescription (NAMARCO vs Tuazon, GR No
L‐ 29131, Aug. 27, 1969).

Q: What is the rule if the last day falls on a Sunday or a legal holiday?

A: It depends. If the act to be performed within the period is:

1. Prescribed or allowed by: ROO a. the Rules of Court b. an Order of the court; or c. any Other
applicable statute The last day will automatically be the next working day.
2. Arises from a contractual relationship – the act will still become due despite the fact that the last day
falls on a Sunday or a legal holiday.