Philippine Bar review · Question

Practice question: Doctrine of Necessary Implication

Multiple Choice Hard

Practice question

An employer invokes necessary implication to exclude an entire department, conceding that half its workers neither confidentially assist labor-policy makers nor necessarily access labor-policy information. It says implication permits any useful management restriction. Which is correct?
  1. Necessary implication must be fairly grounded in statutory purpose and cannot dispense with the established functional criteria
  2. Management usefulness alone creates every exclusion
  3. The doctrine authorizes arbitrary additions
  4. No worker-specific evidence may be considered
  5. An entire department is always confidential by location

Legal references

  • NATU v Torres GR93468 December29,1994 MAIN, necessary implication: https://lawphil.net/judjuris/juri1994/dec1994/gr_93468_1994.html MAIN case-specific limitation.
  • San Miguel Corporation Supervisors v Laguesma GR110399 August15,1997 MAIN, cumulative labor-nexus test: https://lawphil.net/judjuris/juri1997/aug1997/gr_110399_1997.html Later cumulative test.

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