Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Multiple Choice Medium Jurisprudence

Practice question

A lease purports to exempt a warehouse permanently from future fire-safety rules. A later authorized regulation reasonably addresses an established fire danger, observes due process, and otherwise validly exercises police power. May the exemption clause alone defeat the regulation?
  1. Yes, because every private waiver binds all future governments
  2. Yes, because safety rules cannot affect leases
  3. No; parties cannot contract away the stipulated legitimate police-power regulation
  4. Yes, if the lease is notarized
  5. Yes, if the tenant paid a large deposit

Legal references

  • 1987 Constitution, Article III, Section 10, non-impairment of contractual obligations: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Ortigas & Co., Limited Partnership v. Feati Bank and Trust Co., G.R. No. L-24670, December 14, 1979, main decision, non-impairment and legitimate police power: https://lawphil.net/judjuris/juri1979/dec1979/gr_l-24670_1979.html

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