Philippine Bar review · Question

Practice question: Nature and Concept

Multiple Choice Medium Jurisprudence

Practice question

A company seeks enforcement of a contractual clause. Assume that the clause violates a constitutional prohibition applicable to that transaction. The company argues that freely negotiated terms prevail between the parties. Which conclusion follows?
  1. The clause prevails because consent is sufficient.
  2. The clause prevails if both parties benefit.
  3. The clause prevails if notarized.
  4. The clause prevails if consideration was paid.
  5. The clause is unenforceable because it violates the Constitution.

Legal references

  • Bonifacio Communications Corporation v. NTC, G.R. No. 201944, April 19, 2023, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68868

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