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Philippine Bar review · Question

Practice question: Non-impairment of Contracts

Multiple Choice Hard

Practice question

Two parties freely and lawfully revise the payment date in their existing contract by mutual agreement. No statute or ordinance compelled the change, and no defect in consent or other legal ground is alleged. One party later claims Article III, Section 10 makes every agreed contractual modification unconstitutional. Which answer is best?
  1. The Constitution prohibits parties from ever agreeing to an amendment.
  2. The clause’s prohibition on a law impairing obligations is not itself a ban on the parties’ lawful consensual amendment.
  3. Every private agreement automatically becomes an Act of Congress.
  4. An agreed amendment is necessarily a government seizure.
  5. A signed amendment repeals the Constitution.

Legal references

  • 1987 Constitution, Article III, Section 10: https://lawphil.net/consti/cons1987.html
  • Civil Code, Article 1306: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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