Philippine Bar review · Question

Practice question: Construction of Labor Legislation (Civil Code, Art. 1702)

Multiple Choice Medium

Practice question

A lawful labor provision clearly states the applicable benefit formula. An employee requests a different formula solely because it would pay more. There is no interpretive doubt or contrary mandatory rule. What follows?
  1. Article 1702 always requires the larger amount.
  2. The adjudicator must create ambiguity whenever a worker asks.
  3. The clear applicable formula is applied; Article 1702 is not authority to rewrite it solely to increase payment.
  4. All labor formulas are invalid.
  5. The employer can withhold even the clear benefit.

Legal references

  • Civil Code Article 1702: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Leoncio v MST Marine Services, G.R. 230357, December 6, 2017, main opinion: https://lawphil.net/judjuris/juri2017/dec2017/gr_230357_2017.html

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