Philippine Bar review · Question

Practice question: 1987 Constitution, Labor Code, and Civil Code

Multiple Choice Hard Jurisprudence

Practice question

A factory and its employees sign a detailed agreement declaring that employment is purely private and that no special labor law can affect its terms. A dispute later arises over a mandatory working-hours rule that concededly covers them. Management invokes freedom of contract and the agreement’s entire-contract clause. What is the strongest response?
  1. Article 1700 subjects labor contracts to special labor laws because of their public-interest character
  2. The entire-contract clause elevates the agreement above the Constitution
  3. A detailed agreement is automatically exempt from regulation
  4. The statute applies only after the parties amend their agreement
  5. A contract can convert every mandatory labor statute into an optional term

Legal references

  • Civil Code, Article 1700: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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