Professional Documents
Culture Documents
11. Samantha obtained two electronic 13. If the addressee and the originator are both
documents. The first electronic document participants in the designated information
was protected with a password. Samantha system, the time of receipt of electronic data
called Rose to ask for the password of the messages is:
document, and Rose informed Samantha to a. Upon entry in the designated
download an application that provides a six- information system
digit key which changes every 30 seconds. b. Upon sending by the originator
Upon use of the application, Samantha was c. Upon acknowledgment of receipt by
able to gain access to the document. Upon the addressee
browsing the document, Samantha saw that d. Upon retrieval by the addressee
it was a promissory note payable to her
electronically signed by Marie. On the due 14. An electronic contract of sale of services was
date, Samantha went to Marie to collect on entered into between Patrick and Boo.
the proceeds of the promissory note. Marie Patrick is a resident of Marikina with
contends that the promissory note was not principal place of business in Quezon City
hers and that she should not be liable. Which while Bob is a resident of Pasig with principal
of the following statements is true? place; business in Mandaluyong. While
a. Samantha can regard the electronic Patrick was on vacation at Cebu cry, Bob sent
document as that of Rose since it was a contract of sale to Patrick. Patrick, through
the procedure given by Rose which gave his mobile phone opened the document at
access to the document. Cebu City. Where is the electronic contact of
b. Samantha can regard the electronic sale received?
document as that of Marie since an a. Marikina
electronic signature is the functional b. Quezon City
equivalent of a signature on a written c. Pasig
instrument. d. Cebu City
c. Samantha can regard the electronic
document as that of both Rose and 15. Statement 1: Where the law requires that
Marie since they were both instrumental any action referred to contract of carriage of
on Samantha's access to the document. goods be carried out in writing or by using a
d. Samantha cannot regard the electronic paper document, that requirement is met if
document as that of both Rose and the action is carried out by using one or more
Marie considering that the electronic electronic data messages or electronic
document is password-protected. documents.
12. Robin received two electronic non- Statement 2: Parties to any electronic
negotiable promissory notes by email on transaction shall be free to determine the
January 15, 2021. The emails were received type of level of electronic data message or
two seconds apart. The two electronic electronic document security needed.
promissory notes were identical. The a. Only Statement 1 is true.
amount involved were P2,000,000 each, and b. Only Statement 2 is true.
were electronically signed by Matt as the c. Both statements are true.
maker on the same date. Both promissory d. Both statements are not true.
notes were due on March 15, 2021. On the
said date, Robin sought to collect P4,000,000
from Matt. However, Matt contended that
FRIA business, and the issuance of a
suspension order to prevent pending
1) Which of the following statements is true executions against the debtor
regarding proceedings under the a. Amicable settlement
Financial Rehabilitation and Insolvency b. Suspension of payments
Act? c. Pre-negotiated rehabilitation
a. It is a proceeding in rem, which d. Voluntary rehabilitation
means it binds the whole world
b. The proceedings are adversarial in 6) Suspension of payments cover:
nature, which means it requires an a. Individual debtors
opposing party and is heavily litigated. b. Partnership only
c. It is a proceeding in personam, which c. Partnership and corporations
means that is attaches to the person d. Individual debtors, partnerships,
d. Jurisdiction over all persons affected is and corporations
acquired by service of summons
7) In suspension of payments:
2) An insolvent person is one who is a. The amount of indebtedness is
generally: reduced
I. Unable to pay its or his liabilities as b. The amount is indebtedness is not
they fall due affected
II. Has liabilities greater than its or her c. The number of creditors is reduced
assets d. The number of creditors shall not
a. I only exceed five (5)
b. II only
c. Both 8) How much is the minimum requirement
d. Neither for the amount of claims in suspension of
payments?
3) Statement 1: In order to be considered as a. P500,000
a creditor under the FRIA, the credit must b. P1,000,000
have security. c. P5,000,000
d. None
Statement 2: In order to be considered as
a creditor under the FRIA, the claim of the 9) Statement 1: under suspension of
creditor must have arisen on or before payments, the debtor is required to be
commencement date insolvent
a. Only S1 is true
b. Only S2 is true Statement 2: suspension of payments is
c. Both are true initiated by the debtor
d. Both are not true
a. Only S1 is true
4) Which of the following proceedings is b. Only S2 is true
covered by the FRIA c. Both are true
I. Voluntary rehabilitation d. Both are not true
II. Voluntary liquidation
III. Involuntary liquidation 10) As a rule, no creditor shall sue or
a. I & II only institute to collect his claim from the
b. I & III only debtor from the time of the filing of the
c. II & III only petition for suspension of payments and
d. I, II, III for as long as the proceedings remain
pending. Which of the following creditors
5) This involves calling the creditors to a are expected from this prohibition?
meeting to propose and agree on a a. Creditors having claims for
schedule of payments outside the personal labor
necessary or legitimate expenses of the
b. Creditors with accounts that are 14) It is the restoration of the debtor to a
overdue for at least 365 days condition of successful operation and
c. Creditors with loan contracts solvency
embodied in a public instrument a. Solvency
d. Unsecured creditors b. Recovery
c. Restoration
11) As a rule, no creditor shall sue or d. Rehabilitation
institute to collect his claim from the
debtor from the time of the filling of the 15) If a corporation is the debtor, who
petition for suspension of payments and initiates an involuntary rehabilitation?
for as long as the proceedings remain a. The corporation’s creditor
pending. Which of the following creditors b. Majority of the directors or
are not excepted from this prohibition? trustees
a. Creditors having claims for c. Stockholder representing 2/3
maintenance outstanding capital/members of
b. Creditors having claims pertaining non-stock corporation
to last illness of the wife of the d. Stockholder representing ½ of
debtor outstanding capital/members of
c. Creditors having claims pertaining non-stock corporation
to the funeral expenses of the
children of the debtor 16) If a corporation is the debtor, who
d. Creditors having claims pertaining initiates a voluntary rehabilitation?
to the construction of the last I. The corporation’s creditor
legal residence of the debtor II. Majority of the directors or
trustees
12) In relation to the suspension of III. Stockholder representing 2/3
payments, in order to constitute a outstanding capital/members of
quorum, how many creditors should non-stock corporation
attend the creditor’s meeting? IV. Stockholder representing ½ of
a. Creditors holding at least ½ of the outstanding capital/members of
liabilities of the debtor non-stock corporation
b. creditors holding at least 2/3 of the a. I only
liabilities of the debtor b. II and III only
c. creditors holding at least 3/5 of c. II and IV only
the liabilities of the debtor d. I, II, & III only
d. creditors holding at least ¾ of the
liabilities of the debtor 17) Involuntary rehabilitation may be
initiated by creditors with claims or
13) in order to approve a proposed aggregate of whose claim is:
agreement with creditors, a double a. At least P1,000,000 or 25% of the
majority is required. A double majority subscribed capital stock or
constitutes: partners’ contributions,
i. ½ of the creditors wrong whichever is higher
ii. 2/3 of the creditors voting b. At least P1,000,000 or 25% of the
iii. Claims of the majority vote amount subscribed capital stock or
to at least 3/5 of the total liabilities partners’ contributions, whichever
iv. Claims of the majority vote amount is lower
to at least 2/3 of the total liabilities c. At least P1,000,000 and 25% of the
a. I and III subscribed capital stock or
b. II and III partners’ contributions
c. I and IV d. At least P1,000,000
d. II and IV
18) In rehabilitation proceedings under
FRIA, the commencement order includes:
a. A cease and desist order 22) Which of the following is not a
b. A hold order responsibility of the rehabilitation
c. A stay order receiver?
d. An injunction order a. Preserving the value of the assets
of the debtor
19) The Commencement Order has the b. Preparation of a rehabilitation plan
effect of: c. Approval of the rehabilitation
i. Suspension of all actions or plan
proceedings, in court or otherwise d. Implementation of the
for the enforcement of claims rehabilitation plan
against the debtor
ii. Suspend all actions to enforce any 23) When appointed by the court, it shall
judgement, attachment or other take the place of the management and
provisional remedies against the the governing body of the debtor and
debtor assume their rights and responsibilities
a. I only a. Substitute Board
b. II only b. Court-Appointed Administrator
c. Both c. Management Committee
d. Neither d. Creditor’s Committee
20) The Commencement Order is issued 24) The rehabilitation plan may include:
when: i. Debt forgiveness
a. Five days from the filing of the ii. Dacion en pago
petition iii. Debt-Equity conversion
b. Ten days from the filing of the a. I and II
petition b. I and III
c. Fifteen days from the filing of the c. II and III
petition d. All
d. Thirty days from the filing of the
petition 25) Statement 1: the debtor needs to
agree with the out-of-court rehabilitation
21) A case for estafa has been filed plan
against Mr. X by Ms. Y. Ms. Y alleged that
Mr. X misappropriated P1,000,000 which Statement 2: creditors representing at
she handed in trust to Mr. X. least 75% of the secured obligation must
Subsequently, the order creditors of Mr. agree with the out-of-court rehabilitation
X filed a petition for involuntary plan
rehabilitation of Mr. X. A commencement a. Only S1 is true
order was issued by the court. What b. Only S2 is true
happens to the case for estafa filed c. Both true
against Mr. X? d. Both not true
a. The criminal case for estafa is
dismissed 26) The standstill period shall not exceed
b. The criminal case for estafa is a. Sixty (60) days from the date of
suspended or held in abeyance effectivity
until the commencement order b. Ninety (90) days from the date of
has been lifted effectivity
c. The criminal case for estafa is c. One hundred twenty (120) days
deemed submitted for decision of from the date of effectivity
the court d. One hundred fifty (150) days from
d. The criminal case for estafa shall effectivity
not be affected by the issuance of
the commencement order.
27) In both voluntary and involuntary b. Yes, when a petition for
liquidation, the amount of debt must be rehabilitation is filed and it is
at least: established that the debtor is not
a. P500,000 insolvent and has substantial
b. P1,000,000 assets which may be liquidated
c. P5,000,000 c. Yes, when a petition for
d. P10,000,000 rehabilitation is filed and it is
established that the debtor is
28) In involuntary liquidation, what must indeed insolvent and there is
the creditors prove? substantial likelihood that the sale
a. That the debtor is insolvent of the assets is the more expedient
b. That the debtor committed acts of way of satisfying creditor’s claims
insolvency d. No, in no case may a court-
c. That the debtor has no more assets supervised or pre-negotiated
d. That the debtor has outstanding rehabilitation proceeding be
balances amounting to P5,000,000 converted to a liquidation
proceeding
29) Which of the following is not an act on
insolvency by the debtor?
a. That being absent from the
Republic of the Philippines, with
intent to defraud his creditors, he
remains absent
b. That he conceals himself to avoid
the service of legal process for the
purpose of hindering or delaying
the liquidation or of defrauding his
creditors
c. That being a merchant or
tradesman, he has generally
defaulted in the payment of his
current obligations for a period of
fifteen (15) days
d. That an execution having been
issued against him on final
judgment for money, he shall have
been found to be without sufficient
property subject to execution to
satisfy the judgment
’11. Statement 1: Fraudulent intent is necessary in ’16. For copyrightable works, when does protection
order for one to be held liable of trademark commence?
infringement. a. From the moment of creation
b. From the moment of application
Statement 2: Fraudulent intent is necessary in order c. From the moment of registration with the
for one to be held liable of unfair competition IPO
a. Only S1 is true d. From the moment of first commercial sale
b. Only S2 is true
c. Both is true ’17. Johann wrote a poem for his girlfriend Yna.
d. Both is not true Johhanna bought a scented parchment paper and
wrote the 12-stanza poem by hand. Johann then
’12. Which of the following is true regarding unfair sent the poem to Yna. Unfortunately, things went
competition? sour between Johann and Yna and they eventually
a. If a trademark is not registered, then there is broke up. Johann is now seeking to recover the
no unfair competition handwritten poem contending that the copyright is
b. To determine whether there is unfair his. can Johann recover the handwritten poem?
competition, it must be determined if there a. No. Yna is the owner of the physical
is likelihood of confusion manifestation of the poem
c. The essence of unfair competition is the act b. No. Yna is the owner of the copyright
of passing off goods as that of another c. Yes. Johann is the owner of the physical
d. Unfair competition may exist even without manifestation of the poem
the sale of the goods whose marks are in d. Yes. Johann is the owner of the copyright
issue
’18. Johann wrote a poem for his girlfriend Yna.
’13. What is the effect of the presence of an intent Johhanna bought a scented parchment paper and
to mislead the public in a case of trademark wrote the 12-stanza poem by hand. Johann then
infringement? sent the poem to Yna. Unfortunately, things went
a. No effect. In order for conviction of sour between Johann and Yna and they eventually
trademark infringement to lie, there is no broke up. Yna, appreciating the talent Johann
need to prove intent to mislead the public poured in writing the poem, sold Johann’s poem for
b. Damages that may be recovered by the profit. Johann got mad, considering that the words
trademark owner may be doubled were personal. Johann sued Yna for copyright
c. Aside from injunction, the trademark owner infringement. Is Yna liable for copyright
may seek the destruction of infringing infringement?
materials a. No. Yna is the owner of the physical
d. There arises a prima facie presumption that manifestation of the poem
the infringer is likewise guilty of unfair b. No. Yna is the owner of the copyright
competition c. Yes. Johann is the owner of the physical
manifestation of the poem
d. Yes. Johann is the owner of the copyright d. Yes. The mere reproduction of the books,
even without the sale, makes Atty. X liable
’19. Kristy received a tip from an anonymous person for copyright infringement
that the President along with an unidentified
woman checked in at a five-star hotel in a ’22. Minda is receptionist at a hotel. Due to an
prestigious resort own. Kristy called her friend who ongoing pandemic, visitors in the hotel plunged to
is living nearby to confirm with the receptionists if an all-time low. Thus, Minda had a lot of spare time.
there was indeed such booking from the President. While sitting in the front desk, facing the computer
The friend confirmed the news. Jobert was able to installed, she was narrating her experiences as a
eavesdrop the phone call between Kristy and her receptionist whose life is severly affected by the
friend, and Jobert also made investigations of his pandemic. She uploaded her stories in her social
own. Kristy, thinking that it was exclusive, quickly media accounts, and went it viral. She was able to
drafted an article and published it in her news site. seal a book deal for her story. The hotel
Jobert followed in a minute with his own article, but management is now complaining that it should have
complete with photographic evidence which Kristy a part of the proceeds of the book, considering that
does not have. Kristy contended that it was her it should be the owner of the copyright over the
scoop, and Jobert committed copyright book. Is the hotel management correct?
infringement. Did Jobert commit copyright a. Yes. The book was done during Minda’s
infringement? official working hours
a. No. Jobert’s article have picture while b. No. Writing a book is not part of Minda’s
Kristy’s article does not have pictures regular function
b. No. News of the day is a no-copyrightable c. Yes. The book was done using the hotel’s
work computer
c. Yes. Jobert obtained the information by d. No. The hotel is merely a co-owner of the
eavesdropping on Kristy’s call copyright together with Minda.
d. Yes. Jobert’s article came a minute after
Kristy’s article was published ’23. Annie commissioned Louie to paint a portrait of
her for a fee. Which of the following statements is
’20. Which of the following is copyrightable? correct?
a. The Phytagorean theorem, which is a a. Annie owns the painting and the copyright
formula for the computation of the over the painting
hypotenuse of a triangle b. Louie owns the painting and the copyright
b. The Kaizen method, a method of business over the painting
operations c. Annie owns the painting and Louie owns
c. The discovery of the COVID-19 vaccine which the copyright over the painting
elicits chemical reactions form cells. The d. Louie owns the painting and Annie owns the
discovery was made by Pfizer copyright over the painting
d. A Sunday afternoon on the Island of La
Grande Jatte by Georges Seurat, which ’24. Which of the following does not constitute
famously used pointillism in paintings copyright infringement?
i. The reproduction or distribution of
’21. Atty. X made a book on Obligations and published articles or materials in a
Contracts. However, readers noticed that 80% of the specialized format exclusively for the use
content is just lifted verbatim from the Civil Code of the blind, visually and reading-
and Supreme Court decisions. Atty. Y, who is impaired persons on a for-profit basis
working with the government, sued Atty. X for ii. Use made of a work for the purpose of
copyright infringement. Is Atty. X guilty of copyright any judicial proceedings or for the giving
infringement. of professional advice by a legal
a. No. Eighty percent is not considered as practitioner
substantial reproduction a. I only
b. Yes. The commercial sale of the books for b. II only
profit makes Atty. X guilty for copyright c. Both
infringement d. Neither
c. No. There can be no copyright infringement
from lifting laws and jurisprudence
’25. All of the following are factors to be considered the unprecedented performance of the microchip.
in determining whether use of a copyrighted The tech expert asked for the details of the
material falls under fair use, except: transistors, which Lex willingly provided. The tech
a. The prestige of the author or the specific expert then told Mosley of Lex's invention. Seven
copyrighted work months later, Lex filed his patent application over
b. The amount and substantiality of the portion the microchip with the Intellectual Property Office.
used in relation to the copyrighted work as a Mosley opposed the application considering that he
whole is already in the making of the patent and that the
c. The effect of the use upon the potential disclosure to him removed the element of novelty
market for or value of the copyrighted work from Lex's microchip. Is Lex entitled to a patent?
d. The purpose and character of the use a. Yes. The disclosure was made by Lex
himself and Mosley who obtained the
’26. Statement 1: The term of protection over moral information directly from Lex
rights is fifty (50) years b. No. The disclosure was made by Mosley,
who is not an inventor
Statement 2: The heirs of a copyright owner may c. No. There is a lapse of more than six months
fully deprive themselves of the right to participate in from the time Lex made the disclosure to
the gross proceeds of the sale or lease of a Mosley up to the time of patent application
copyrighted work. d. Yes. Novelty is not an element of a patent
a. Only S1 is true over an invention.
b. Only S2 is true
c. Both are true ’31. An invention involves an inventive step if,
d. Both are not true having regard to prior art:
a. It is not replicable by a person skilled in the
’27. Works of applied art has a term of protection of: art
a. Ten (10) years b. It is not replicable by any person
b. Twenty-five (25) years c. It is not obvious to a person skilled in the art
c. Thirty (30) years d. It is not obvious to any person
d. Fifty (50) years
’32. Statement 1: If two or more persons separately
’28. Which of the following is not a requisite for an made the same invention, priority is given to one
invention to be patented? who filed first, notwithstanding the fact that the late
a. Novelty filer may have actually invented first
b. Inventive Step
c. Ornamentality Statement 2: A patent application need not
d. Industrial Applicability specifically lay down its claims, i.e., matters for
which protection is sought. Otherwise, disclosure of
’29. Archimedes, through his study, had come up the claims may lead to unnecessary leak of the
with the formula for the area of circles, which he patented invention.
writes as A=r2. On the other hand, James Naismith a. Only S1 is true
invented the game basketball. Assuming that b. Only S2 is true
Archimedes and Naismith are both applying for a c. Both ate true
patent over what they have come up, who is entitled d. Both are not true
to a patent?
a. Archimedes only ’33. How long is the term of protection for patents?
b. Naismith only a. 10 years
c. Both b. 20 years
d. Neither c. 25 years
d. 50 years
’30. M. Lex, in his laboratory, invented a microchip
with transistors that are just 3 nanometers in size, ’34. Under this doctrine, there is patent
resulting in the fastest microchip ever invented. He infringement if the principle or mode of operation is
tried placing the microchip in a laptop, and it ran the same or substantially the same
faster than expected. He had a tech expert see the a. Literal infringement
laptop, and the tech expert was likewise amazed at b. Substantial infringement
c. Doctrine of operational comparability
d. Doctrine of equivalents
14. This principle provides that the Processing of 19. Which of the following is classified as
Personal Data by the Company shall be sensitive personal information?
compatible with a declared and specified a. List of Facebook friends
purpose which must not be contrary to law, b. Tax return
morals, or public policy. c. Credit card information
a. Principle of Transparency d. Passwords
b. Principle of Compatibility
c. Principle of Legitimate Purpose 20. Which of the following is not classified as
d. Principle of Adherence sensitive personal information?
a. Bank account number
15. Kris joined the raffle draw of Barry’s b. Political affiliation
Supermarket in the hopes of winning a 42” c. High school grades
Smart TV. Kris indicated her mobile phone d. Social security numbers
number and email address in the form given
for the raffle entry. The form looked simple 21. Mr. X was admitted in a hospital. He is
for Kris. It just contained empty fields to be suffering from difficulty in breathing, high
filled out, the logo of Barry’s Supermarket, fever, and fatigue. His symptoms are quickly
and the grand prizes to be won. However, to worsening. The doctor asked his wife as to
her surprise, Kris soon received multiple previous admissions, but the wife had no
promotions from different brands asking her idea. Instead, the wife informed the doctor
that he was previously admitted at BCD d. If a personal information controller
Hospital, and they have the health records of changes the purpose for which the
Mr. X. The doctor called at BCD Hospital, and personal information of the data is to be
BCD Hospital disclosed the health records to processed, the data subject may
the doctor. Is there any breach of the Data withhold consent
Privacy Act with the disclosure?
a. Yes, because Mr. X did not give her 25. A data subject has the right to access:
consent I. The address of the personal
b. No, because Mr. X’s wife, as his duly information controller
authorized representative, gave her II. Sources from which his personal
consent for the disclosure information were obtained
c. Yes, because health records are a. I only
considered as sensitive personal b. II only
information c. Both I & II
d. No, because the processing of the d. Neither I & II
personal information is necessary for
purposes of medical treatment 26. A data subject has the right to data
portability. This means that:
22. Which of the following information can a a. A data subject can transfer his data from
business organization obtain without one personal information controller to
violating the Data Privacy Act? another
I. Tax Identification Number of its b. A data subject can obtain a copy of his
employees personal information
II. Medical records for employees who c. A data subject can change the purpose
gave signified that they wish to avail for which his personal information will
of the health insurance benefit of the be processed
company d. A data subject can dictate the format in
III. Names of customers for purposes of which his personal information will be
issuing invoices and official receipts stored
a. I only
b. I and III only 27. Which of the following is true regarding the
c. I and II only data subject’s right to correction?
d. I, II, & III a. The personal information controller
shall ensure the accessibility of both the
23. Statement 1: A data subject shall have the new and the retracted information
right to be informed of the purpose for b. The data subject can exercise this right
which his personal information is being only once
taken c. The personal information controller has
no obligation to inform third persons
Statement 2: A data subject shall have the who may have obtained the data prior to
right to be informed of the duration for correction of the correction made by the
which his personal information will be stored data subject
by the personal information controller d. The personal information controller is
a. Only S1 is true obligated to delete the retracted
b. Only S2 is true information.
c. Both are true
d. Both are not true 28. In the event that the personal information
controller reasonably believes that sensitive
24. Which of the following is false regarding the personal information has been acquired by
rights of a data subject? an unauthorized person, the personal
a. A data subject shall have the right to information controller has the obligation to:
object to the processing of his or her a. Notify the affected data subjects
personal data, including processing. For b. Notify the National Privacy
direct marketing, automated processing Commission
or profiling c. Notify all data subjects which the
b. A data subject can no longer object to personal information controller
the processing of his data once he has handles
given it to a personal information d. Notify both the affected data
processor subjects and the National Privacy
c. A data subject can choose which Commission
personal information will be subject to
processing, withholding from processing 29. The data processor must report data
those which he chooses otherwise breaches to the NPC within a period of:
a. 24 hours
b. 48 hours
c. 72 hours
d. Five days