Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Hard

Practice question

A senior territorial executive knows a pre-need company’s confidential marketing strategy. Her covenant restricts involvement in that industry for two years after separation but leaves other service-plan work open. She promptly takes a sales-executive position with a direct pre-need competitor. She contends that every post-employment restriction is void, so no factual inquiry is necessary. Which is best?
  1. Her categorical argument is correct
  2. The covenant is automatically criminal
  3. The argument fails; Tiu upheld the comparable defined restriction after considering the executive’s access and the limited scope
  4. The restriction would be valid even if it barred all work forever
  5. The executive’s access can never matter

Legal references

  • Tiu v.Platinum Plans, GR163512, February28,2007: https://lawphil.net/judjuris/juri2007/feb2007/gr_163512_2007.html

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