Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Essay Medium Jurisprudence

Practice question

A lease says that the premises will never be subject to future fire-safety requirements. A later regulation is stipulated to be an authorized, reasonable and otherwise constitutional exercise of police power addressing a genuine danger. Assess the contractual exemption defense.

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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