Philippine Bar review · Question

Practice question: Conciliation-Mediation; Preventive Mediation

Multiple Choice Hard

Practice question

An assisted settlement is invoked as an absolute bar, but a party presents prima facie evidence that the agreement was obtained through coercion. The opponent argues assistance immunizes every settlement from challenge. Which is best?
  1. The express coercion exception must be considered rather than treating assistance as absolute immunity.
  2. DOLE assistance necessarily cures all coercion.
  3. The Code expressly excludes every coercion challenge.
  4. A signature always makes force irrelevant.
  5. Only the agreement’s paper size matters.

Legal references

  • Labor Code, as amended, Articles 233 [227], 239 [233] and 292(b) [277(b)]: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

Answer this question in flashcards to review your response and continue practicing.