Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Hard

Practice question

An employment contract ran for five years but separately imposed a two-year restraint from separation. Employer claims the restraint lasts five years merely because that was the employment term. Assume no ambiguity or other extension. Which is best?
  1. The distinct two-year post-separation term governs the restraint.
  2. Every term in a contract must have the longest stated duration.
  3. The employment term automatically erases the separate clause.
  4. A court must rewrite two years as five years.
  5. The employee’s departure makes every obligation perpetual.

Legal references

  • Tiu v. Platinum Plans Philippines, G.R. No. 163512, February 28, 2007, main decision: https://lawphil.net/judjuris/juri2007/feb2007/gr_163512_2007.html

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