Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Medium

Practice question

A clause bars a former employee from every occupation throughout the Philippines for five years without written permission. Which consideration weighs strongly against it under the precedent discussed in Tiu?
  1. Its broad reach makes it automatically necessary
  2. It effectively prevents livelihood across unrelated trades rather than reasonably protecting a defined business interest
  3. Any written permission clause is conclusively valid
  4. Five years is always the statutory maximum
  5. A national restriction can never be examined by a court

Legal references

  • Tiu v.Platinum Plans, discussion of Ferrazzini: https://lawphil.net/judjuris/juri2007/feb2007/gr_163512_2007.html

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