Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Multiple Choice Medium Jurisprudence

Practice question

A valid regulatory law already applies when parties sign a contract. One party omits any reference to it and later calls its enforcement a new impairment solely because the document is silent. No later law changed the obligations. Which response best follows Ortigas?
  1. Silence in a contract automatically repeals every existing law.
  2. Every preexisting law becomes a later enactment when first enforced.
  3. Existing law is part of the legal setting read into the agreement; silence alone does not create the asserted later impairment.
  4. The Constitution guarantees every party ignorance of existing law.
  5. Only the contract’s font determines the law’s application.

Legal references

  • Ortigas & Co. v. Feati Bank and Trust Co., G.R. No. L-24670, December 14, 1979, main decision: https://lawphil.net/judjuris/juri1979/dec1979/gr_l-24670_1979.html
  • 1987 Constitution, Article III, Section 10: https://lawphil.net/consti/cons1987.html

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