Philippine Bar review · Question

Practice question: Employment Subject to a Suspensive Condition

Multiple Choice Hard

Practice question

An accepted valid agreement contains a first assessment and a second objective condition. Applicant passes the first and is ready for the second; employer deliberately blocks the second solely to prevent effectivity, then invokes its nonfulfillment. Which is sound?
  1. Passing the first authorizes arbitrary prevention of the second.
  2. Article 1186’s constructive-fulfillment principle must be considered for the condition deliberately prevented.
  3. An employer may always defeat its own agreed condition without consequence.
  4. Every pending condition necessarily ends the contract.
  5. Only the number of pages determines prevention.

Legal references

  • Aragones v. Alltech Biotechnology Corporation, G.R. No. 251736, April 2, 2025, main decision: https://lawphil.net/judjuris/juri2025/apr2025/gr_251736_2025.html
  • Civil Code Articles 1181, 1186 and 1193: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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