Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Multiple Choice Medium

Practice question

Congress amends a public-utility franchise under the constitutional common-good reservation. The facts stipulate a genuine common-good basis and compliance with other constitutional requirements. The holder claims non-impairment makes every amendment impossible. Which answer is best?
  1. A franchise is always above the Constitution.
  2. Every amendment is invalid regardless of the reservation.
  3. The holder’s preference erases Article XII, Section 11.
  4. The non-impairment claim must account for the express constitutional reservation rather than assume an immutable franchise.
  5. The reservation permits every act of private retaliation.

Legal references

  • 1987 Constitution, Article XII, Section 11: https://lawphil.net/consti/cons1987.html
  • 1987 Constitution, Article III, Section 10: https://lawphil.net/consti/cons1987.html

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