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?
- Article 1702 always requires the larger amount.
- The adjudicator must create ambiguity whenever a worker asks.
- The clear applicable formula is applied; Article 1702 is not authority to rewrite it solely to increase payment.
- All labor formulas are invalid.
- 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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