Article III
TRADITIONAL LEADERS
AND TRADITIONS

     Section 1.  Due recognition shall be given to the Dalip pi Nguchol and their traditional and customary roles.

Constitional amendment:  New Section 1 was added by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention.

     Section 2.  There shall be a Council of Pilung and Council of Tamol which shall perform functions which concern tradition and custom.

Constitional amendment:  Section 1 was renumbered as Section 2 by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention.


     Section 3.  Due recognition shall be given to traditions and customs in providing a system of law, and nothing in this Constitution shall be construed to limit or invalidate any recognized tradition or custom.

Case annotations:  Since under Yapese custom a daughter in her adult years may be expected to provide certain services for her mother, the loss of such customary services should be considered in calculating the mother's pecuniary injury resulting from her daughter's death.  Leeruw v. FSM, 4 FSM Intrm. 350, 365 (Yap 1990).

Given that a 19-year old daughter is considered a child under Yapese custom, that the decedent was a 19-year old daughter who up to the time of her death continued to live with her parents in Yap and to perform those household chores expected under custom of young female persons within families in Yap, and that the parents were accompanying their daughter en route to obtain medical services when she died, the daughter was a child within the meaning of 6 FSMC 503.  Leeruw v. FSM, 4 FSM Intrm. 350, 366 (Yap 1990).

Constitional amendment:  Section 2 was renumbered as Section 3 by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention.