Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Essay Medium Jurisprudence

Practice question

Explain why the state cannot answer every non-impairment challenge merely by calling the challenged measure police power. Identify what distinguishes the legitimate exercise recognized in Ortigas from arbitrary cancellation of an existing obligation for private favoritism.

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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