Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Medium

Practice question

Assume a valid clause prohibits a defined competitive activity for two years after separation and no other duty is in issue. The employee begins that activity only after the two-year period has expired. Does that fact alone breach this clause?
  1. Yes; a two-year clause lasts forever.
  2. Yes; the employer may extend it unilaterally without basis.
  3. Any later work automatically revives the period.
  4. No; the stated restriction period has expired.
  5. Only the old employee number matters.

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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