Practice question
In an overseas-employment dispute, the invoked foreign-law rule is established to contravene the applicable Philippine mandatory labor protections and public policy. The employer says any governing-law clause conclusively overrides those protections. Applying IPAMS and Article 1306, which is correct?
- The clause always overrides every mandatory rule.
- Party autonomy is qualified; the clause cannot simply contract away the identified mandatory protections.
- Every contract involving a foreigner is void in full.
- Public policy is irrelevant once a document is signed.
- Foreign law automatically repeals the Philippine Constitution.
Legal references
- IPAMS v. De Vera, G.R.205703, March7 2016, main decision, contractual choice of law and lex loci contractus; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61749
- Civil Code Articles17 and1306; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.