EFFECT OF FOREIGN CUSTOM IN THE PHILIPPINES - 40 PJP 21

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Effect of Foreign Custom in the Philippines,” 40 PJP 21, available at <insert link> (last accessed on <date>).
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If relevant in a conflicts case, especially in matters concerning international commercial contracts, it is safe to say that a foreign custom may be pleaded and proved in a Philippine court. This is especially so because Article 12 of the NCC provides that a “custom must be proved as a fact, according to the rules of evidence.” For example, if an auction sale in Japan is perfected via a customary manner other than by banging of the gavel, customs and usages in Japan may be proved.[1]

While there is still no piece of jurisprudence in the Philippines that explains the force and effect of foreign customs, it must be noted that the Philippine Supreme Court has had history of allowing proof of unwritten foreign law. Unwritten foreign law and foreign customs being in pari pasu, it is humbly submitted that the rule on proof of the former applies to the latter.

Note, however, that, under Article 11 of the NCC, customs which are contrary to law, public order or public policy shall not be countenanced.

[1] NCC, Article 1476.