1.

A rule of conduct which in a given place and among given groups of people, has been
followed for an appreciable time.

a. Administrative or Executive Orders

2. Article Ill Secton 6 states that the liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.

@ c. Correct

3. Article XII Section 10 states that the Congress shall, upon recommendation of the economic
and planning agency, when the national interest dictates, reserve to citizens of the Philippines or
to corporations or associations at least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe, certain areas of investments.

a. Correct

4. Article XII Section 11 states that No franchise, certificate, or any form of authorization for
the operation of a public utility shall be granted except to citizens of the Philippines, or to
corporations or associations organized under the laws of the Philippines, or at least 60 per
centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or
authorization be exclusive in character or for a longer period than fifty years.

d. Correct

5. Article XII Section 14 states that the sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals, managers, highlevel technical
manpower and skilled workers and craftsmen in all fields shall be promoted by the State.

d. Correct

6. Criminal Law Case title: Name of the plaintiff versus name of the defendant.

d. Correct
7. Criminal lawsuit's objective is compensation for an injury.
 d. Incorrect

8. Dangerous Drugs Act, Public Service Act, Civil Code of the Philippines, Revised Penal
Code, Seatbelt law, and local government ordinances are some of the examples of this.

c. Statute
------------ administrative or executive orders
9. Examples of this are BIR circulars and rulings, Omnibus Rules Implementing the Labor
Code of the Philippines and Rules and regulations promulgated by the Secretary of Tourism
to govern the accreditation of Hotels, Tourist Inns, Motels, other accommodation
eståblishments

a. Administrative or Executive Orders

10. Fraud is defined as a breach of legal duty to act reasonably.

@ b. Correct

11. Fundamental law of the land, to which all other laws must conform.

Philippine Constitution

12. In Civil Law, wrong is considered to be inflicted on society as a whole.

@ a. Incorrect

13. In the grant of rights, privileges, and concessions covering national economy and patrimony
that State shall give preference to qualified Filipinos.

Correct

14. It declares broad principles of law and provides very little detail.

d. Philippine Constitution
15. It is a fixed portion on the surface of the earth inhabited by the people of the state.

b.Territory

16. It is a law dealing with crimes and their punishment, as well as the procedure for that
purpose.

a. Criminal law

17. It is a law which applies to all of the people of the state or to all of a particular class of
persons in the state, with equal force and obligation. (e.g. Criminal law, International law,
Political law.)

@ b. General law
Not sure - general law
- general law n: a law that is unrestricted as to time, is applicable throughout the
entire territory subject to the power of the legislature that enacted it, and applies to all
persons in the same class called also general act general statute compare local law, public
law, special law.

18. It is a law which creates, defines, and regulates rights or which regulates the rights and duties
which give rise to a cause of action.

c. Substantive Law

19. It is a law which provides the method of aiding and protecting certain rights.

c. Private Law

20. It is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority,
and of common observance and benefit.

a. Law
21. It is the instrument that provides mechanisms in determining, formulating, and implementing
the policies of the state.

b. Government

22. It is the power by which the State exacts enforced proportional contribution from the people,
property and exercise of a right within its territory to raise revenue for the purpose of defraying
the necessary expenses of the government.

d. Taxation

23. It is the power of promoting the public welfare by restraining and regulating the use of both
liberty and property of all the people.

a. Police Power

24. It is the power of the State to forcibly take private property for public use upon payment of
just compensation

a. Eminent Domain

25. It is the science of moral laws founded on the rational nature of man that governs his free
activity for the realization of the individual and social ends of life under an aspect of mutual
conditional dependence.
c. Theory

26. It is the supreme and uncontrollable power inherent in a State.

c. Sovereignty
27. Laws governing Contracts and Torts are examples of Criminal Law.

a. Incorrect
28. Laws governing Theft of services, Assault, and Rape are examples of Civil Law.

c. Incorrect

29. Liberty (in the discussion in Article Ill Section 1) is the measure of freedom which may be
enjoyed in a civilized community consistently with the peaceful enjoyment of life freedom in
others.
@ b. Both B & C
Incorrect

30. Life (in the discussion in Article Ill Section 1) means more than animal existence. With the
emphasis on social & economic rights at present, life includes at the very least the right to a
decent living.

b. Correct
incorrect

31. Negligence is the use of another company’s business name or logo without permission.
c. Incorrect

32. No law shall be passed, abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the Government for the redress
grievances.
d. Article III Section 4

33. No one shall be deprived of LIFE, LIBERTY, & PROPERTY without DUE PROCESS of
law, nor shall any person be denied the equal protecticm of the laws.

a. Article Ill Section 1

34. Obscenity is not protected under the “free speech” guarantee of the Constitution.
d. Correct
35. One of the elements of the state is people. iv%ich among the following statements is not used
to describe this element?

c. None of the above

36. One of the five conditions that paved the way for travel and tourism development is
Visibility.

@ c. Correct

37. One of the possible penalties for civil lawsuit is community service.

d. Correct

38. Property (in the discussion in Article Ill Section 1) anything which is or may be the OBJECT
of appropriation and anything which has money value.
d. Incorrect

39. The possible penalty for the criminal lawsuit is payment for damages.
d. Correct
40. The power of the government or state to enforce money mandatory or compulsory money
contribution from the people to support the needs of the nation.

@ b. None of the Above

41. the right of the people, including those employed in the public and private sectors to form
unions, association, or society for purposes not contrary to law shall not be abdridge.
b. Article III Section 8

42. The State is a community of persons more or less numerous occupying a definite portion of
territory completely free of external control and possessing an organized government to which a
great body of inhabitants render habitual obedience. This definition was according to?

c. James Garner
43. The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

c. Correct

44. This is defined as the activities of persons travelling to and staying in places outside their
usual environment for leisure, business, and other purposes.

d. Tourism

45. This is the rational nature of man.

a. Do good

46. This law provides penalties for specific violations of the privacy of communication.

d. R.A. 4200

47. Tourism Industry is the key source of foreign exchange which impacts heavily on the
country's balance of payments and the purchasing power of the peso. It is made up of several
sectors that provide both business opportunities and public service. These sectors are?

b. Attraction and Events, Destination Organization, Hospitality, Transport, & Travel

Operators and intermediaries

48. Which of the following is not authorized by the court to do wiretapping under section 3 of
the Anti-Wiretapping Law?

c. Privacy
49. Which of the following is not considered as essential requirements of procedural due process
in courts?

@ b. Jurisdiction must be Imffully acquired over the person of the defendant or over the
property which is the subject of the proceedings.
Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceedings. -> None of the above

- the Supreme Court enumerated the following essential requirements of procedural

fairness in judicial proceedings: “(1) There must be a court or tribunal clothed with
judicial power to hear and determine the matter before it; (2) jurisdiction must be
lawfully acquired over the person of the defendant or over the property which is the
subject of the proceedings; (3) the defendant must be given the opportunity to be
heard; and (4) judgment must be rendered upon lawful hearing.”

50. Which of the following statements is not used to define/describe law?

@ b. It can be made by legislatures through legislation, the executive through decrees or judges
through binding precedents. B. It is a system of rules and guidelines which are enforced
through social institutions to govern behavior.
B. It is a system of rules and guidelines which are enforced through social institutions to
govern behavior. -> Private individuals can create legally binding contracts.

51. It is an act whereby a person, without malice, but by fault, negligence or imprudence not
legally excusable, causes injury to another.

d. Quasi-delict

52. It is defined as one holding itself out to the public as engaged in the transportation of freight
or passenger for hire.

b. Common Carrier
53. It is one which is not subject to any condition and no specific date is mentioned for its
fulfilment and is, therefore, immediately demandable.
a. Pure Obligation

54. It is the standard of care required of common carrier in bringing safely its passengers (and
goods) from one place to another.

@ d. Extraordinary diligence

55. Obligations can be extinguished by payment or performance, loss of the thing due,
condonation or remission of the debt, confusion or merger of the rights of the creditor and
debtor, by compensation and by novation. Other causes of extinguishment of obligations are
listed below except?

c. None of the Above

56. Refrain from willfully or wantonly injuring the licensee or acting in a manner to increase
peril is one of the duties of the defendant to?

a. Licensee
none of the above (check)

57. The duty care owed by a hotel or restaurant for the safety of its patrons varies in many states,
depending on the legal status of the person injured. He may be a/ an :

d. Licensee
All of the above (check)

58. The hotel or restaurant is not a guarantor of the well-being of its patrons. Instead it owes a
duty to its invitees to reasonably inspect the premises for dangerous conditions and to exercise
reasonable care to eliminate them. When does a business establishment (hotel or restaurant) be
liable to an invitee?

b. If they know, and by exercise of reasonable care would discover, a dangerous condition that
represents an unreasonable risk of harm to invitees
– If they fail to exercise reasonable care to protect its invitees against danger. (check)
59. The plaintiff was the promoter of a boxing match that was to feature one Beau Jaynes. The
night before the fight, Jaynes injured his hand in his room at a Sheraton Hotel when a venetian
blind collapsed as he was adjusting it. The boxing commission canceled the fight and the
promoter sued the Sheraton to recover lost revenue. Can the plaintiff recover the lost revenue
from the defendant?

@ b. Yes, because the defendant failed to exercise their legal duty to act reasonably which lead
to an injury to the plaintiff.
60. The plaintiffs injury was caused by an accident that would not happen without negligence,
the thing causing the injury was within the exclusive control of the defendant, and the plaintiff
did not provoke the accident are the elements that should be present if the plaintiff is going to
use this doctrine to make the decision to his favor.

a. Negligence Per Se

61. The responsibility of a common carrier for the safety of passengers as required in Articles
1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by
statements on tickets, or otherwise. This is stipulated in article ______?

@ a. 1757

62. The vat had malfunctioned and the restaurant called for service. The repair company failed
to respond in a timely manner. The restaurant continued to add used oil to the vat. A restaurant
employee was injured while pouring oil into it. He was not wearing protective clothing and he
used a "greasy and wobbly" ladder to reach the top of the vat. Can the employee sue the service
provider for being negligent?
a. Yes, because the service provider failed to pick up the used oil in a timely manner which
lead to an injury to the plaintiff.
Yes, because the service provider failed to pick up the used oil in a timely manner which
lead to an injury to the plaintiff. (pero baka yung D)

63. This article states that a common carrier is bound to carry the passengers safely as far as
human care and foresight can provide, using the utmost diligence of very cautious persons, with
a due regard for all the circumstances.
a.1755
64. This article states that common carriers, from the nature of their business and for reasons for
public policy, are bound to observe extraordinary diligence in the vigilance over the goods and
for the safety of the passengers transported by them, according to all circumstances of each case.

@ b. 1755
1733

65. This article states that common carriers, from the nature of their business and for reasons of
public policy, are bound to observe extraordinary diligence in the vigilance over the goods and
for the safety of the passengers transported by them, according to all the circumstances of each
case.

@ d. 1733

66. To win a lawsuit, a plaintiff must have been injured as a result of the defendant's breach of
duty. mlich among the following is NOT considered as an injury?

d. Monetary loss
-Property damage such as dented car (check)

67. When applicable, this doctrine is of great help to the plaintiff because he does not have to
prove that the defendant failed to act as a reasonable person.

@ b. Res Ipsa Loquitur

68. When does a hotel and restaurant be liable for guest's injuries?

@ b. All ofthe above

– Depends on whether the establishment violated a legal duty

69. When someone acts unreasonably, the person is ________________?

@ b. Negligent
70. Which among the following is considered as an invitee?

@ b. Guest

71. A person who enters a place without the permission of the owner or occupier.

b. Trespasser

72. A person who enters a restaurant after it is closed for the night without the owner’s
permission and an employee who has been fired and ordered not return to the hotel are examples
of?

d. Invitee

trespassser

73. A plaintiffs negligence will not totally defeat the lawsuit. Instead, the jury will allocate
liability between the plaintiff and the defendant depending on their relative degree of culpability.

@ d. Comparative Negligence

74. A type of fraud where infraction was committed during the performance of the obligation.

@ b. Incidental

75. An obligation is a legal duty, however created, the violation of which may become the basis
of an action of law. Every obligation has four definite elements. Which among the listed below is
not part of these elements?

@ d. Object
76. An off-duty employee who goes to the place to claim his paycheck and a former employee
who enters the premises to meet with a current worker are examples OP

@ b. Trespasser
Licensee

77. Article 1734 states that common carriers are responsible for the loss, destruction, or
deterioration of the goods unless the same is due to some causes. 1%ich among the following is
NOT an instance wherein the liability of the common carrier to passengers is waived?

@ b. Fire

78. Attractive Nuisance Doctrine says that there is an exception to the rule that a landowner
generally owes no duty to a trespasser other than to refrain from causing him willfully injury for
____________?

c. Child trespasser

79. Direct and immediate cause, injury that was caused by breach of legal duty to act reasonably,
and the existence of a cause and effect relationship between the unreasonable conduct and the
injury are some of the requisites of this element in the negligence case.

a. Existence of a legal duty to act reasonably owed by the defendant to the plaintiff;

Breach of the duty to act reasonably (check)

80. He is someone on the premises of another by permission or acquiescence of the owner or

occupier, and not by invitation.

a. Imitee
licensee
81. He is someone who comes to an establishment for the purpose for which the business is open
to the public, or for the purpose directly or indirectly connected with that business.

c. Trespasser
licensee

82. Hotel or restaurant has a duty to inspect for and discover the problem and, then protect the
guests from resulting risks. This duty is called?

b. Preventive Measures

83. If the plaintiff had been throwing rocks up to the window from which the flour fell and the
rocks had dislodged the barrel causing it to fall, will the plaintiff be able to use the Res Ipsa
Loquitur Doctrine?

c. No, because the thing causing the injury was not within the exclusive control of the
defendant.
Yes, because the plaintiff’s injury was caused by an accident that would not happen
without negligence (check)

84. If the plaintiffs carelessness contributed to the injury, the plaintiff cannot successfully sue a
negligent defendant. This is the principle in________________?

c. Contributory Negligence

85. In a Georgia case two hotel guests, Sanders and Truett, had an altercation. Shortly after the
fight Sanders shot him. Contrary to the statute, the door opened outward instead of inward.
Truett sued the hotel, claiming negligence per se. Will he be able to win the case?

@ d. No, because there is no relationship as to the negligence ofthe defendant and the proximate
cause of the injury of the plaintiff

86. In case of death of or injuries to passengers, common carriers are presumed to have been at
fault or to have acted negligently, unless they prove that they observed extraordinary diligence as
prescribed in Articles 1733 and 1755. This is stipulated in article
a. 1756

87. Invitees must exercise some care in protecting themselves. Generally, the hotel and
restaurant will not be liable for injuries caused by a condition that is _____________?

b. Open and obvious

88. It applies to cases in which the circumstances hint the defendant was negligent but no proof
of specific acts of negligence exists. It frees the plaintiff from the burden of proving the specific
breach of duty committed by the defendant.

a. Negligence Per Se

Rep Ispa Loquitur (check)

89. It consists expenses for medicine, and hospitalization.

a. Actual damages

90. It is a juridical necessity to give, to do, or not to do.

d. Obligation

91. Which among the following is CORRECT about proximate cause?

b. It is a basic principle of tort law that a wrongdoer is responsible only for the direct or
proximate injuries resulting from its acts.
92. Which among the following is NOT an element of a contract?

@ b. None of the above

93. Which among the following is NOT an element of the Doctrine of Last Clear Chance?

@ c. The defendant doesn't know of the plaintiffs peril

94. Which among the following is NOT considered as an element of a negligence case?

b. Proximate cause
injury to the defendant

95. Which among the following statements is NOT part of the considerations in establishing
assumption of the risk?

d. Understood the risk

Had a shallow knowledge of the risk (check)

96. Which among the following statements is NOT USED to define negligence?

a. Carelessness that causes harm.

– None of the above (not sure)

97. Which is not true about Fortuitous event?

b. It exempts an obligor from liability

98. Which of the following is a part of the obligations of the debtor to do?
@ a. Ifthe debtor fails to do what he is obliged to do, it will be done at his expense.

99. Which of the following is not a source of obligations?

d. Acts or omissions punishable by law

100. Which of the following is not part of the obligations of the debtor to give a determinate
thing?

a. To pay damages in case of completion of obligation.