Practice question
Two reasonable interpretations of an ambiguous allowance are proposed. One is favorable to labor but would violate an applicable mandatory cap; the other is lawful. Counsel says Article 1702 requires the unlawful reading. Which is sound?
- The favorable-construction principle does not require violation of the mandatory rule.
- Any favorable reading overrides every statute.
- The employee’s preferred amount is automatically valid.
- Ambiguity repeals the cap.
- All contractual allowances are prohibited.
Legal references
- Civil Code Article 1702: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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