Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An employee demands a particular allowance under a clear labor statute. Its express coverage excludes her position, and no contrary constitutional ruling, contractual promise or other source establishes entitlement. She argues that Article 4 alone compels payment because she is a worker. What is the sound analysis?
  1. Article 4 automatically repeals every exclusion
  2. Every employee allegation must be accepted without inquiry
  3. A rule favoring labor in genuine interpretive doubt does not by itself rewrite an unambiguous coverage rule
  4. The employer may ignore every labor obligation after winning this issue
  5. All labor statutes are unenforceable unless individually accepted

Legal references

  • Labor Code, Article 4: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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