CPA REVIEW SCHOOL OF THE PHILIPPINES

Manila

REGULATORY FRAMEWORK FOR BUSINESS TRANSACTION Pre-Week Lecture

Atty. Dante dela Cruz/Atty. Kenneth Lloyd dela Cruz Batch 94

Bouncing Checks Law

1. The following are elements of violation of Bouncing Checks Law (BP 22) except:
a. the person accused of violating the law makes, draws, or issues any check for account or for value.
b. the person accused has knowledge at the time he issued the check that he does not have sufficient
funds in or credit with the drawee bank for the payment of the check when presented for payment.
c. the drawee bank dishonors the check because of insufficiency of funds, or it would have dishonored
the check for the same reason if the issuer did not order the bank to stop payment for no valid reason.
d. the person accused intentionally issued the worthless check.

2. Under BP 22, the making, drawing and issuance of a check payment of which is refused by the drawee
because of insufficient funds in or credit with such bank, when presented within _______ days from the
date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit.
a. 30
b. 60
c. 90
d. 120

3. The presumption of knowledge of insufficiency of funds will be overcome if the issuer pays or makes
arrangements for payment of the full amount of the check within ____ banking days after receiving a
notice of its dishonor.
a. 5
b. 10
c. 15
d. 20

4. Dante issued a check to Philip. Upon the issuance of the check Philip was induced to deliver goods in
exchange for the check. Philip presented the check to the drawee bank two days later. Upon presentment
the check was dishonored due to insufficiency of funds. If notice of requirement was complied with,
what crime/crimes did Dante commit?
a. Violation of BP 22
b. Estafa
c. Violation of BP 22 and Estafa
d. No crime

Consumer Protection and Lemon Law

5. What will be considered in the interpretation and implementation of the provisions of the Consumer Act
of the Philippines, including its implementing rules and regulations.
a. The best interest of the consumers
b. The best interest of the state
c. The best interest of the seller
d. The best interest of the society

6. Under the Consumer act of the Philippines, it is an act or practice wherein the producer, manufacturer,
supplier, or seller, through concealment, false representation of fraudulent manipulation, induces a
consumer to enter into a sales or lease transaction of any consumer product or service.
a. Deceptive Sales
b. Unfair or Unconscionable Sales
c. Unlawful transactions
d. Illegal transactions
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7. Statement 1: A deceptive act or practice by a seller or supplier in connection with a consumer transaction
violates Consumer Act of the Philippines if it occurs only during transaction.
Statement 2: A deceptive act or practice by a seller or supplier in connection with a consumer transaction
violates Consumer Act of the Philippines if it occurs only before or after transaction.
Statement 3: A deceptive act or practice by a seller or supplier in connection with a consumer transaction
violates Consumer Act of the Philippines whether it occurs before, during or after the transaction.
a. All true
b. All false
c. Only 1 is false.
d. Only 3 is true.

8. Under the Consumer act of the Philippines, act or practice wherein the producer, manufacturer,
distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity,
ignorance, illiteracy, lack of time or the general conditions of the environment or surroundings, induces
the consumer to enter into a sales or lease transaction grossly inimical to the interests of the consumer
or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or seller.
a. Deceptive Sales
b. Unfair or Unconscionable Sales
c. Unlawful transactions
d. Illegal transactions

9. Means any device, written, printed, affixed or attached to a consumer product or displayed in a consumer
repair or service establishment for the purpose of indicating the retail price per unit or service.
a. Price tag
b. Price mark
c. Discount tag
d. Discount mark

10. What motor vehicles are covered under the Lemon Law?
a. Brand new motor vehicles
b. Second motor vehicles
c. Brand new and second motor vehicles
d. Motorcycles, delivery trucks, dump trucks, buses, lawn mowers, heavy equipment, and farm
equipment.

11. What defect is covered under the Lemon Law?

a. Nonconformity with the vehicle’s manufacturer or distributor’s standards or specifications.
b. Noncompliance by the consumer of the obligations under the warranty
c. Modifications not authorized by the manufacturer, distributor, authorized dealer, or retailer.
d. Abuse or neglect of the brand-new motor vehicle.
e. Damage to the vehicle due to accident or force majeure.

12. The consumer may invoke his rights under the Lemon Law within the Coverage Period which is _____
months from the date of the delivery of the motor vehicle, or for as long as the motor vehicle has not run
more than ______ km after such delivery, whichever comes first.
a. 12 months; 20,000
b. 24 months; 20, 000
c. 12 months; 10, 000
d. 24 months; 10, 000

Financial Rehabilitation and Insolvency

13. The following shall be considered debtor under FRIA except

a. a sole proprietorship duly registered with the Department of Trade and Industry (DTI).
b. a partnership duly registered with the Securities and Exchange Commission (SEC).
c. a corporation duly organized and existing under Philippine laws.
d. Individual debtors which are naturals who are residents or not residents and citizens of the
Philippines.
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14. Statement 1: The term debtor under FRIA does not include banks.
Statement 2: The term debtor under FRIA includes insurance companies.
a. Both true
b. Both false
c. Only 1 is true.
d. Only 2 is true.

15. Refers to the financial condition of a debtor that is generally unable to pay its or his liabilities as they
fall due in the ordinary course of business or has liabilities that are greater than its or his assets.
a. Insolvent
b. Solvent
c. Bankrupt
d. Liquid

16. Who may file suspension of payments.

a. Individual debtor
b. Juridical debtor
c. Both individual and juridical debtor
d. None of the above

17. Where to file suspension of payments?

a. the court of the province or city in which the debtor has resided for six (6) months prior to the filing
of his petition.
b. the court of the province or city in which the debtor has resided for nine (9) months prior to the filing
of his petition.
c. the court of the province or city in which the debtor has resided for twelve (12) months prior to the
filing of his petition.
d. the court of the province or city in which the debtor has resided for twenty-four (24) months prior to
the filing of his petition.

18. An order issued by the court suspending any pending execution against individual debtor.
a. Stop order
b. Suspension order
c. Notice of suspension
d. Notice of stoppage

19. Statement 1: As a rule, no creditor shall sue or institute proceedings to collect his claim from the debtor
from the time of the filing of the petition for suspension of payments and for as long as proceedings
remain pending.
Statement 2: Secured creditors and those creditors having claims for personal labor, maintenance,
expense of last illness and funeral of the wife or children of the debtor incurred in the sixty (60) days
immediately prior to the filing of the petition may sue or institute proceedings to collect their claims
against the debtor from the time of the filing of the petition for suspension of payments and during the
pendency of the proceeding.
a. Both true
b. Both false
c. Only 1 is false
d. Only 2 is false

20. It shall refer to the restoration of the debtor to a condition of successful operation and solvency, if it is
shown that its continuance of operation is economically feasible and its creditors can recover by way of
the present value of payments projected in the plan, more if the debtor continues as a going concern than
if it is immediately liquidated.
a. suspension of payments
b. rehabilitation
c. restoration
d. liquidation
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21. The rehabilitation proceedings shall commence upon the issuance of the
a. Commencement Order
b. Stay or suspension order
c. Stop order
d. Temporary restraining order

22. The court shall issue a commencement order which shall include stay or suspension order. Which of the
following is not included in stay or suspension order.
a. Suspend all actions or proceedings, in court or otherwise, for the enforcement of claims against the
debtor.
b. Suspend all actions to enforce any judgment, attachment or other provisional remedies against the
debtor.
c. Prohibit the debtor from selling, encumbering, transferring or disposing in any manner any of its
properties except in the ordinary course of business.
d. Allow the debtor from making any payment of its liabilities outstanding as of the commencement
date.

23. This provision, which is currently incorporated in the FRIA, is necessary to curb the majority creditors’
natural tendency to dictate their own terms and conditions to the rehabilitation, absent due regard to the
greater long-term benefit of all stakeholders. Otherwise stated, it forces the creditors to accept the terms
and conditions of the rehabilitation plan, preferring long-term viability over immediate but incomplete
recovery.
a. Cram down clause
b. Clam down clause
c. Prohibition clause
d. Injunction clause

Philippine Competition Act

24. Statement 1: The Philippine Competition Act covers any person or entity engaged in trade, industry, and
commerce in the Philippines.
Statement 2: Philippine Competition Act does not apply to international trade that may impact trade,
industry, and commerce in the country.
a. Both true
b. Both false
c. True; false
d. False; true

25. These are agreements between or among competitors that substantially prevent, restrict, or lessen
competition. Such agreements may be in the form of a contract, arrangement, understanding, collective
recommendation, or concerted action, whether formal or informal, explicit, or tacit, written, or oral.
a. Anti-competitive agreements
b. Abuse of dominant position
c. Prohibited mergers and acquisitions.
d. Competition Clause

26. Statement 1: Price fixing and bid rigging are anti-competitive agreements that are considered per se
violations.
Statement 2: Supply restriction and market sharing are not per se illegal under Philippine Competition
Act.
a. Both true
b. Both false
c. Only 1 is false
d. Only 1 is true
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Government Procurement Law

27. All procurement of the national government, its departments, bureaus, offices and agencies, including
state universities and colleges, government -owned and/or-controlled corporations, government
financial institutions and local government units, shall, in all cases, be governed by these principles
except
a. Transparency in the procurement process and in the implementation of procurement contracts.
b. Competitiveness by extending equal opportunity to enable private contracting parties who are
eligible and qualified to participate in public bidding.
c. Streamlined procurement process that will uniformly apply to all government procurement.
d. Immunity from prosecution of both the public officials directly or indirectly involved in the
procurement process as well as in the implementation of procurement contracts and the private
parties that deal with government.

28. Statement 1: Government Procurement Act shall apply to procurement of infrastructure projects.
Statement 2: Government Procurement Act shall not apply to goods and consulting services.
a. Both true
b. Both false
c. False; true
d. True; false

29. It refers to a method of procurement which is open to participation by any interested party, and which
consist of the following processes: advertisement, pre-bid conference, eligibility screening of bids,
evaluations of bids, post - qualification, and award of contract.
a. Competitive participation
b. Competitive bidding
c. Competitive procurement
d. Competitive involvement

Securities Regulation Code

30. Shares, participation, or interests in a corporation or in a commercial enterprise or profit-making venture

and evidenced by a certificate, contract, instruments, whether written or electronic in character.
a. Bonds
b. Shares of stocks
c. Dividends
d. Securities

31. Originator, maker, obligor or creator of security.

a. Issuer
b. Dealer
c. Broker
d. Promoter

32. An application for the registration of securities required to be filed with the Commission.
a. Registration Statement
b. Articles of Incorporation
c. Registration of Securities
d. Prospectus

33. The following securities are required to be registered before it may be sold or offered for sale or
distribution within the Philippines, except
a. Shares of stocks
b. Bonds
c. Investment contract
d. Any security issued by the Government of the Philippines
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34. Notice of the filing of the registration statement must be published in

a. two newspapers of general circulation once for two consecutive weeks.
b. one newspaper of general circulation once for two consecutive weeks.
c. two newspapers of general circulation once for three consecutive weeks.
d. one newspaper of general circulation once for three consecutive weeks.

35. It is a publicly announced intention by a person acting alone or in concert with other persons to acquire
equity securities of a public company.
a. Public offer
b. Offer to Bid
c. Tender offer
d. Proposal

36. Which of the following is a public company?

I. Corporation having a class of equity securities listed on an Exchange.
II. A corporation with assets not exceeding PHP50million and having at least 200shareholders each
holding 100 shares of class of equity securities.
a. I only
b. II only
c. Both I and II
d. Neither I nor II

37. Buying and selling by an insider of a security of the issuer while in possession of material information
with respect to the issuer or the security that is not generally available to the public.
a. Insider trading
b. Inside job trading
c. Prohibited trading
d. Fraudulent trading

Insurance

38. It is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage
or liability arising from an unknown or contingent event.
a. Contract of sale
b. Contract of indemnification
c. Contract of payment
d. Contract of insurance

39. It is the consideration paid by the insured to the insurer.

a. Price
b. Premium
c. Dues
d. Fees

40. Contract of insurance is a contract of good faith which requires the applicant to make certain disclosures
affecting risk of which he may be aware or material facts he knows or ought to know.
a. Uberrimae fides contract
b. Contract of indemnity
c. Contract of adhesion
d. Risk distributing device

41. An insurance contract exists where the following elements concur except
a. The insured has an insurable interest.
b. The insured is subject to a risk of loss by the happening of the designated peril.
c. The insurer assumes the risk and such assumption of risk is part of a general scheme to distribute
actual losses among a large group of persons bearing a similar risk.
d. Insured does not pay any consideration.
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42. Every person has an insurable interest in the life and health of:
a. himself, of his spouse and of his children.
b. any person on whom he depends wholly or in part for education or support, or in whom he has a
pecuniary interest.
c. any person under a legal obligation to him for the payment of money, or respecting property or
services, of which death or illness might delay or prevent the performance.
d. All of the above

43. An insurable interest in property may consist in

a. an existing interest
b. an inchoate interest founded on an existing interest.
c. expectancy, coupled with an existing interest in that out of which the expectancy arises.
d. All of the above

44. Statement 1: In life insurance, insurable interest must exist at the time the policy takes effect and when
the loss occurs.
Statement 2: In property insurance, insurable interest must exist at the time the policy takes effect and
need not exist at the time of the loss.
a. Both true
b. Both false
c. True; false
d. False; true

45. It includes insurance against loss by fire, lightning, windstorm, tornado or earthquake and other allied
risk.
a. Marine insurance
b. Fire insurance
c. Casualty insurance
d. Life insurance

Cooperatives

46. One of the principles of cooperative wherein cooperatives are controlled by their members who actively
participate in setting their policies and making decisions.
a. Voluntary and Open Membership
b. Democrative Member Control
c. Member Economic Participation
d. Cooperation among Cooperatives

47. One of the requirements for registration of cooperative wherein it provides the area of operation, the size
of membership other pertinent data in a format provided by the Authority (CDA)
a. Articles of incorporation
b. Articles of cooperation
c. By-laws
d. Economic survey

48. Articles of cooperation of cooperative may be amended by

a. two-thirds (2/3) vote of all the members with voting rights
b. majority vote of all the members with voting rights
c. unanimous vote of all the members with voting rights
d. three-fourths (3/4) vote of all the members with voting rights

49. Denial of registration of cooperative by the Cooperative Development Authority may appealed to the
a. Office of the President
b. Office of the Solicitor General
c. Regional Trial Court
d. SEC
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50. A cooperative has an approved capital of P1M. The minimum paid up capital allowed is:
a. P62,500
b. P100,000
c. P250,000
d. Any amount

51. A cooperative has an approved capital of P100,000, the minimum paid up should be:
a. P6,250
b. P25,000
c. P15,000
d. Any Amount

52. Merger or Consolidation of Cooperatives requires:

a. Three-fourths (3/4) vote of all the members with voting rights, present and constituting a quorum of
each of the constituent cooperatives at separate general assembly meetings.
b. Three-fourths (3/4) vote of all the members with voting rights, present and constituting a quorum of
each of the constituent cooperatives at joint general assembly meetings.
c. Majority vote of all the members with voting rights, present and constituting a quorum of each of
the constituent cooperatives at separate general assembly meetings.
d. Majority vote of all the members with voting rights, present and constituting a quorum of each of
the constituent cooperatives at joint general assembly meetings.

53. Division of Cooperatives requires approval:

a. by a vote of ¾ of all the members with voting rights, present and constituting a quorum.
b. by a majority vote of all the members with voting rights, present and constituting a quorum.
c. by unanimous vote of all the members with voting rights, present and constituting a quorum.
d. by a vote of ¾ of all the members of the board of directors.

54. A cooperative organized by minors shall be considered a:

a. Laboratory cooperative
b. Ward cooperative
c. Minor cooperative
d. Guadian Cooperative

55. Membership in the cooperative may be terminated:

a. by a vote of the majority of all the members of the board of directors.
b. by a vote of the majority of all the members of the general assembly.
c. by a ¾ vote of the members of the board of directors
d. by a ¾ vote of the members of the general assembly.

56. In a cooperative, who has the authority to fill up the vacancy in the board of directors if the reason of
the vacancy is expiration of the term of office of one of the members of the board of directors.
a. General assembly
b. Board of directors
c. General assembly and board of directors
d. Board of directors if they constitute a quorum.

57. What is the liability of directors, officers and committee members if they
willfully and knowingly vote for or assent to patently unlawful acts.
a. Jointly
b. Solidarily
c. Exempt
d. The cooperative is liable
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58. A cooperative may be dissolved voluntarily where no creditors are affected by a

a. majority vote of the board of directors, and by the affirmative vote of at least ¾ of all the members
with voting rights, present and constituting a quorum.
b. ¾ vote of the board of directors and by the affirmative vote of at least majority of all the members
with voting rights, present and constituting a quorum.
c. majority vote of the board of directors, and by the affirmative vote of at least majority of all the
members with voting rights, present and constituting a quorum.
d. ¾ vote of the board of directors and by the affirmative vote of at least ¾ of all the members with
voting rights, present and constituting a quorum.

59. For the first five (5) years of operation after registration of a cooperative what is the required allocation
of reserve fund.
a. at least 10% of the net surplus
b. shall not be less than fifty percent (50%) of the net surplus.
c. shall not be more than ten percent (10%) of the net surplus.
d. shall not be less than three percent (3%) of the net surplus.

Philippine Deposit Insurance Corporation

60. Insured deposit is an amount due to any bona fide depositor for legitimate deposits in an insured bank
net of any obligation of the depositor to the insured bank as of the date of closure, but not to exceed
______.
a. P100, 000
b. P250, 000
c. P500, 000
d. P1, 000, 000

61. What specific risks to a bank does PDIC cover?

a. Bank closure ordered by the Monetary Board
b. Bank closure ordered by PDIC
c. Theft
d. Fire

62. Juan dela Cruz maintains the following accounts with X Bank, Manila Branch:
1) Account Name: Juan dela Cruz– savings account with a balance of P850,000.
2) Account Name: Juan dela Cruz or Pedro dela Cruz – time deposit for P1,000,000.
3) Account Name: Juan dela Cruz and Maria dela Cruz– savings account with a balance of P400,000.
How much is the total insured deposit of Juan dela Cruz?
a. P2,250,000
b. P950, 000
c. P700,000
d. P500, 000

63. Juan dela Cruz maintains the following accounts with X Bank, Manila Branch:
1) Account Name: Juan dela Cruz– savings account with a balance of P850,000.
2) Account Name: Juan dela Cruz or Pedro dela Cruz – time deposit for P1,000,000.
3) Account Name: Juan dela Cruz and Maria dela Cruz– savings account with a balance of P400,000.
How much is the total uninsured deposit of Juan dela Cruz?
a. P200,000
b. P350,000
c. P500,000
d. P600,000
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64. Juan dela Cruz maintains the following accounts with X Bank, Manila Branch:
4) Account Name: Juan dela Cruz– savings account with a balance of P850,000.
5) Account Name: Juan dela Cruz or ABC Corporation – time deposit for P1,000,000.
6) Account Name: Juan dela Cruz and Maria dela Cruz– savings account with a balance of P400,000.
How much is the total insured deposit of Juan dela Cruz?
a. P2,250,000
b. P950, 000
c. P700,000
d. P500, 000

Secrecy of Bank Deposits

65. Mike an employee of XYZ Bank saw the bank account details of Betsy. Mike revealed to her friend
Harold that Betsy has an account balance of P5 million. Harold having this knowledge, informed Betsy’s
husband Jose of the bank balance. Jose was shocked and confronted Betsy in a public place, said out
loud her bank balance resulting to five (5) other people hearing the information about Betsy’s bank
account. Who is liable for the violation of R.A. No. 1405?
a. Mike only
b. Mike and Harold
c. Mike, Harold and Jose
d. None

66. Statement 1: Investment bonds issued by the government of the Philippines are covered by the
prohibition against unauthorized disclosure under RA 1405.
Statement 2: Trust Accounts are not covered by the prohibition against unauthorized disclosure under
RA 1405.
a. Both true
b. Both false
c. True, false
d. False, true

67. Which of the following is not an exception to the secrecy of bank deposits?
a. When there is a written permission of the depositor or investor
b. Impeachment cases
c. Upon the order of a competent court in cases of bribery or dereliction of duty of public officials
d. Crime of theft where it is unknown where the funds were deposited.

68. The Commissioner of Internal Revenue may inquire into bank deposits of a taxpayer in the following
cases except:
a. For the purpose of determining the gross estate of a deceased depositor.
b. Taxpayer applies for compromise of tax liability by reason of financial inability.
c. Taxpayer applies for abatement of taxes on the ground that it is a jeopardy assessment.
d. None of the above.

69. Y Bank thru its manager, disclosed information to the court Sheriff the outstanding balance of X’s
deposit with the bank upon receipt of the garnishment notice. X filed a criminal complaint against Y
Bank for violation of RA 1405. Will the action prosper?
a. Yes, garnishment is violation of law.
b. Yes, because there is no written consent from the depositor.
c. No, garnishment is not a violation of law.
d. Answer not given.
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Truth in Lending Act

70. Truth in lending act is applicable to

a. to creditor who is engaged in the business of extending credit who requires as an incident to the
extension of credit, the payment of a finance charge.
b. to creditor who is engaged in the business of extending credit who requires or not as an incident to
the extension of credit, the payment of a finance charge.
c. to all creditors
d. to all banks

71. Statement 1: Disclosure requirement under truth in lending act may be oral or in writing.
Statement 2: Disclosure requirement under truth in lending act must be given prior to the consummation
of transaction.
a. Both true
b. Both false
c. True; false
d. False; true

72. The following must be stated in the disclosure requirement under truth in lending act, except
a. cash price or delivered price of the property or service to be acquired.
b. amounts, if any, to be credited as down payment and/or trade-in.
c. total amount to be financed.
d. nationality of the borrower.

Anti-Money Laundering Act

73. A covered transaction under AMLA is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of ______ within one banking day.
a. P500, 000
b. P750, 000
c. P1,000,000
d. P2,000,000

74. Statement 1: Jewelry dealers in precious metals, who, as a business, trade in precious metals, for
transactions not more than One million pesos (P1,000,000.00) are considered covered person as provided
under AMLA.
Statement 2: Jewelry dealers in precious stones, who, as a business, trade in precious stones, for
transactions in excess of One million pesos (P1,000,000.00) are considered covered person as provided
under AMLA.
a. Both true
b. Both false
c. True; false
d. False; true

75. Real estate developers and brokers are required to report, as covered transactions, single cash
transactions in excess of:
a. 5,000,000
b. 5,500,000
c. 7,000,000
d. P7,500,000

76. Statement 1: Theft is an unlawful activity covered under AMLA.

Statement 2: Violation of BP 22 is an unlawful activity covered by the AMLA.
a. Both true
b. Both false
c. True; false
d. False; true
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77. Under AMLA no administrative, criminal, or civil proceedings, shall lie against any person for having
made a transaction report in the regular performance of his duties and in good faith, whether or not such
results in any criminal prosecution under Philippine laws.
a. Safe harbor provision
b. No liability provision
c. Exemption provision
d. Immunity rule

Intellectual Property

78. Any technical solution of a problem in any field of human activity which is new, involves an inventive
step and is industrially applicable.
a. Patentable invention
b. Utility model
c. Industrial design
d. Lay out designs

79. Statement 1: Discoveries, scientific theories and mathematical methods are non-patentable inventions.
Statement 2: Aesthetic creations are patentable inventions if they are new, involve and inventive steps
and industrially applicable.
a. Both true
b. Both false
c. Only 1 is true
d. Only 2 is true

80. Supposing Albert Einstein was alive today and he filed with the intellectual property office (IPO) an
application of patent for his theory of relativity expressed in the formula E=mc2. The IPO disapprove
Einstein’s application. Is the action of IPO correct?
a. Yes. because theory of relativity is not patentable.
b. No, because the discovery made by Einstein is patentable because it is new, involve an inventive step
and industrially applicable.
c. Yes, because the theory of relativity is patentable.
d. No, because all the requisites for patentable invention are present.

81. If two (2) or more persons have made the invention separately and independently of each other, the right
to the patent shall belong to the person who filed an application for such invention, or where two or
more applications are filed for the same invention, to the applicant who has the earliest filing date or,
the earliest priority date.
a. First to invent rule
b. First to file rule
c. First to register rule
d. First to create rule

82. Cherry Mobile Co. “commissioned” Engineer Pedro to develop a new phone. Engineer Pedro was able
to develop the commissioned phone. Who owns the patent over the new phone?
a. Cherry Mobile Co
b. Engineer Reyes
c. Generally, Cherry Mobile Co. unless otherwise provided in the contract.
d. Generally, Engineer Reyes unless otherwise provided in the contract.

83. The term of a patent shall be

a. ten (10) years from the filing date of the application.
b. twenty (20) years from the filing date of the application.
c. ten (10) years from the filing date of the publication.
d. twenty (20) years from the filing date of the publication.
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84. This test of patent infringement means that infringement also takes place when a device appropriates a
prior invention by incorporating its innovative concept and, although with some modification and
change, performs substantially the same function in substantially the same way to achieve substantially
the same result.
a. Literal infringement test
b. Doctrine of equivalents test
c. Dominancy test
d. Holistic test

85. A word of phrase originally incapable of exclusive appropriation, might nevertheless have been used so
long and so exclusively by one producer with reference to his article that, in trade and to that branch of
the purchasing public, the word or phrase has come to mean that the article was his product.
a. Doctrine of equivalents
b. Doctrine of secondary meaning
c. Doctrine of separate personality
d. Doctrine of limited liability

86. It focuses on the similarity of the prevalent or dominant features of the competing trademarks that might
cause confusion, mistake, and deception in the mind of the purchasing public.
a. Dominancy test
b. Holistic test
c. Confusion of goods
d. Confusion of business

87. Where the ordinarily prudent purchaser would be induced to purchase one product in the belief that he
was purchasing the other.
a. Dominancy test
b. Holistic test
c. Confusion of goods
d. Confusion of business

88. Passing of one’s as those of another. In short, there is a misrepresentation.

a. Infringement
b. Unfair competition
c. Usufructuary
d. Injunction

89. Starting Point of Protection of Copyright

a. From registration
b. From publication
c. From the moment of creation
d. From actual use

90. Karl received a tip that the President was sick due to his recent spate of public inactivity. John was also
able to get the same scoop. Karl drafted an article and John followed thereafter with pictures. Karl
contended that it was her scoop and contended that John committed copyright infringement. Is John
guilty?
a. No. John’s article has pictures while Karl’s article does not have pictures.
b. No. News of the day is a non-copyrightable work.
c. Yes. John obtained information by incorrect means.
d. Yes. Since John’s article came immediately after Karl’s was published.
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91. Willie wrote a poem for Lisa. Willie wrote it by hand on a specialty paper and sent the letter to Lisa.
Eventually they parted ways. Lisa then sold Willies’s poem for profit without consent. Willie got mad
considering the contents were personal. Is Lisa liable for copyright infringement?
a. No. Lisa is the owner of the physical manifestation of the poem.
b. No. Lisa is the owner of the copyright.
c. Yes. Willie is the owner of the physical manifestation of the poem.
d. Yes. Willie is the owner of the copyright.

92. Rose commissioned Jack to paint her body. Who owns the painting of the body of Rose?
a. Jack
b. Rose
c. Both Jack and Rose
d. Neither Jack nor Rose

Data Privacy

93. Pedro wants to apply for a reward card in a restaurant. The customer service representative asks Pedro
to fill up a form which includes blood type and political affiliation. Can the company collect such
information?
a. Yes, because such information is necessary to determine whether the customer is qualified.
b. Yes, because it adhered to the principles under Data Privacy Act.
c. No, because Pedro consented.
d. No, because it did not adhere to the principle of proportionality.

94. A real estate broker is asking a potential buyer to fill out a form which includes the name, address, and
racial origin. Can the real estate broker legally process the same?
a. Yes, because all the information is a requirement for the fulfilment of a contract.
b. No, because all the information is not a requirement for the fulfilment of a contract.
c. Yes, as to the name and address only.
d. Yes, as to the racial origin only.

E-Commerce

95. The E Commerce Act shall apply to any kind of data message and electronic document used in the
context of except
a. commercial activities
b. non-commercial activities
c. domestic and international dealings, transactions, arrangements, agreements contracts and exchanges
and storage of information.
d. Domestic dealings, transactions, arrangements, agreements contracts and exchanges and storage of
information only.

96. Refers to information generated, sent, received or stored by electronic, optical or similar means.
a. Electronic data message
b. Electronic document
c. Electronic signature
d. Text message

97. Refers to information or the representation of information, data, figures, symbols or other modes of
written expression, described or however represented.
a. Electronic data message
b. Electronic document
c. Electronic signature
d. Text message
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98. Refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity
of a person and attached to or logically associated with the electronic data message or electronic
document
a. Electronic data message
b. Electronic document
c. Electronic signature
d. Text message

99. Statement 1: Electronic Data Messages shall have a legal effect, validity, and enforceability.
Statement 2: Electronic Document shall have a legal effect, validity, and enforceability.
a. Both true
b. Both false
c. True; false
d. False; true

Ease of Doing Business

100. Any regulation, rule, or administrative procedure or system that is ineffective or detrimental in achieving
its intended objectives and, as a result, produces slow, suboptimal, and undesirable social outcomes.
a. Red tape
b. Blue tape
c. Illegal tape
d. Legal tape

101. All government agencies including departments, bureaus, offices, instrumentalities, or government-
owned and/or –controlled corporations, or LGUs shall set up their respective most current and updated
service standards to be known:
a. Citizen’s by laws
b. Citizen’s charter
c. Community by laws
d. Community charter

Labor Law and SSS

102. What is the overtime rate if an employee rendered overtime during a regular day?
a. 20%
b. 25%
c. 30%
d. 35%

103. Every employee shall be paid a night shift differential of not less than _____ of his regular wage for
each hour of work performed between ten o’clock in the evening and six o’clock in the morning.
a. 5%
b. 10%
c. 15%
d. 20%

104. If an employee did not work on a regular holiday, he shall be:

a. Not entitled to any pay.
b. Entitled to 130% of his regular wage.
c. Entitled to 100% of his regular wage.
d. Entitled to 200% of his regular wage.
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105. Where an employee is made or permitted to work on his scheduled rest day or special holiday, he shall
be paid an additional compensation of at least ____ of his regular wage.
a. 10%
b. 20%
c. 30%
d. 50%

106. Working on Special Holiday and at the same time Rest Day, the employee shall be entitled to an
additional compensation of at least _____ his regular wage.
a. 10%
b. 20%
c. 30%
d. 50%

107. Under RA No. 11210, a female worker who is a member of the SSS is entitled to a
a. 75 days leave with full pay.
b. 100 days leave with full pay.
c. 105 days leave with full pay.
d. 115 days leave with full pay.

108. Every married male employee in the private and public sectors shall be entitled to a paternity leave of
_____ with full pay for the first four (4) deliveries (including miscarriages) of the legitimate spouse with
whom he is cohabiting.
a. 7 days
b. 14 days
c. 21 days

109. A retired member of SSS shall be entitled to the monthly pension if:
a. The member has paid at least 60 monthly contributions prior to the semester of retirement.
b. The member has paid at least 120 monthly contributions prior to the semester of retirement.
c. The member has paid at least 180 monthly contributions prior to the semester of retirement.
d. The member has paid at least 220 monthly contributions prior to the semester of retirement.

110. SSS member is entitled to a death benefit if:

a. the member has paid at least 18 monthly contributions prior to the semester of death.
b. the member has paid at least 36 monthly contributions prior to the semester of death.
c. the member has paid at least 72 monthly contributions prior to the semester of death.
d. the member has paid at least 120 monthly contributions prior to the semester of death.

END