Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Multiple Choice Hard Jurisprudence

Practice question

A statute cancels an identified debtor's accrued payment obligation under an existing valid loan solely to reward a private friendship. It supplies no public regulatory purpose or other constitutional justification, and no other lawful defense to payment exists. The state argues that any statute is immune from non-impairment review if called economic policy. What is the strongest answer?
  1. Every economic-policy label conclusively validates cancellation
  2. The existing creditor has no contractual obligation protected by the clause
  3. Only verbal contracts receive constitutional protection
  4. The arbitrary legislative cancellation presents prohibited impairment; the label supplies no legitimate police-power justification
  5. The creditor must voluntarily surrender its claim whenever a law names a debtor

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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