Philippine Bar review · Question

Practice question: Benevolent Neutrality and Conscientious Objection

Multiple Choice Hard

Practice question

A union challenges the religious exception solely because its closed-shop agreement predates the statute, arguing that no contractual obligation may ever yield to constitutional religious liberty and a valid police-power measure. Under Victoriano, which is best?
  1. All contracts are superior to the Constitution.
  2. The date of a contract grants power to require every religious act.
  3. A statutory change is automatically void whenever it affects a contract.
  4. The Court rejected an absolute-contract theory and sustained the accommodation despite the challenged effect on union security.
  5. Every earlier contract is automatically cancelled in all respects.

Legal references

  • Victoriano v. Elizalde Rope Workers’ Union, G.R. No. L-25246, September 12, 1974, main decision: https://www.chanrobles.com/scdecisions/jurisprudence1974/sep1974/gr_l_25246_1974.php

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