Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

An employment contract clearly grants a benefit above the legal minimum. Employer invokes Article 1702 to reduce it because a lower benefit is still lawful. Which is best?
  1. Every above-minimum benefit is void.
  2. The legal minimum automatically replaces every higher agreement.
  3. Article 1702 protects only employers.
  4. A clear benefit cannot form part of a contract.
  5. The rule does not authorize an employer to create ambiguity to reduce a clear grant.

Legal references

  • Civil Code Article 1702: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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