RFBT Preweek (B44)
RFBT Preweek (B44)
6. Eid’l Adha and National Heroes Day fell on the same day that Mr. X reported
for work. If Mr. X worked for 12 hours from 8am to 8pm with only a short
break from 2:00PM to 2:20PM, how much would he be entitled to on that day if
he earns P1,000 per regular work day?
A. P4,950
B. P3,000
C. P39,600
D. Answer not given
7. Solo Parent leave can be gratned to solo parent employees who has rendered
at least 1 year of service, upto a maximum of how many days?
A. 105
B. 60
C. 10
D. 7
9. Overtime rendered on a special holiday that is also a rest day shall entitle
the employee to this premium rate:
A. 130%
B. 150%
C. 195%
D. 260%
15. This is absolutely not allowed with regards sale of consumer products:
A. Chain Distribution Plans
B. Home Solicitation Sales
C. Referral Sales
D. All of the choices
20. Which of the following proceedings may not be initiated by the creditors?
A. Rehabilitation
B. Liquidation
C. Suspension of payments
D. None of the choices
21. The following are the governing principles applicable to the procurement
of the government, 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. The procurement process shall simple and made
adaptable to advances in modern technology in order to ensure an effective
and efficient method.
D. None of the choices is an exception
22. As a general rule, prior to the issuance of the Invitation to Bid, the BAC
is mandated to hold a pre-procurement conference:
A. On at least one of every three procurements
B. On a procurement with an ABC of at least P1,000,000
C. On each and every procurement
D. As the Procuring Entity may request
23. At least how many pre-bid conference shall be conducted for each procurement?
A. One
B. Three
C. Five
D. Seven
24. This is given as a guarantee that the winning bidder shall enter into
contract with the Procuring Entity within the stipulated time.
A. Bid Security
B. Performance Security
C. Contract Security
D. Commitment Undertaking
25. First Statement: In case the Head of the Procuring Entity or his duly
authorized representative approves the recommendation, he/she shall
immediately issue the Notice of Award.
Second Statement: Within ten calendar days from receipt of the Notice of
Award, the Winning bidder shall formally enter into contract with the
Procuring Entity.
A. Both statements are correct
B. Both statements are incorrect
C. Only the first statement is correct
D. Only the second statement is correct
26. The requirement that the parties to an insurance contract must transact with
each other with honesty and candor relates to which characteristic of a
contract of insurance?
A. Contract of Adhesion
B. Aleatory Contract
C. Contract of Utmost Good Faith
D. Personal Contract
28. The following have insurable interest in life and health, except:
A. The father as to the life of his son
B. The wife as to the life of her husband
C. The debtor as to the life of the creditor
D. The nephew as to the life of his aunt to whom he is dependent for support
A. I, II and III
B. I and II only
C. I and III only
D. II and III only
31. Output Limitation and Market Allocation, under the Philippine Competition
Act, are
A. Per se prohibited
B. Prohibited if the object or effect of restricting competition
C. Allowed even between competitors
D. None of the choices is correct
32. An agreement between competitors which provides for a maximum cap on the
price of their competing goods may be referred to as:
A. Price fixing
B. Bid rigging
C. Output limitation
D. Market allocation
34. All of the following may be covered by the power/authority of the Philippine
Competition Commission to review agreements, except:
A. Mergers
B. Consolidations
C. Acquisitions
D. None of the choices is an exception
37. Mr. X maintains P900,000 in his bank account in a bank that is to be taken
over by the PDIC for liquidation purposes. Prior to the closure, Mr. X
transferred P400,000 to the name of his son, in order to maximize the deposit
insurance. How much would Mr. X be entitled to for deposit insurance
coverage?
A. P400,000
B. P500,000
C. P900,000
D. P0
40. Failure to comply with the Truth in Lending Act will result in which of the
following?
A. The loan is deemed paid already
B. The purchase will be considered fully paid
C. The contract of loan will be unenforceable
D. None of the choices
43. The following are predicate crimes or unlawful activities under the AMLA,
except:
A. Estafa
B. Violation of the Anti-Fencing Law
C. Robbery
D. Theft
47. That stage in money laundering which involves sending money through various
financial transactions to change its form and make it more difficult to
follow
A. Placement C. Integration
B. Layering D. Preliminary
48. All of the following give rise to obligations without an agreement, except:
A. Law
B. Contract
C. Quasi-Contract
D. Quasi-Delict
50. Michael Scott is the employer of Dwight Schrute. The latter, driving
recklessly, hit a pedestrian in the course of the performance of his duties
and caused serious injuries. Dwight Schrute was charged criminally and was
found guilty of reckless imprudence resulting to serious physical injuries
and was made to pay civil damages. In this case,
A. Michael Scott can be made vicariously liable for the civil damages
B. Michael Scott can be made vicariously liable for the civil damages but
can raise the defense of diligence in the selection and supervision of
employees if he is made liable
C. Michael Scott can be made subsidiarily liable for civil damages and
cannot raise the defense of diligence in the selection and supervision
of employees
D. Michael Scott cannot be made liable
51. Jake Peralta and Amy Rodrigues are co-workers. Amy filed for a loan in B99
Bank where Jake was a co-signatory solidarily liable for the loan but did
not receive any proceeds therefrom. Jake executed a real estate mortgage
over his own real property to secure said loan. Amy not being able to pay,
B99 Bank foreclosed the mortgage. In this case,
A. B99 cannot foreclose the mortgage since Jake, the mortgagor, did not
receive any of the proceeds of the loan.
B. In case the proceeds of the foreclosure is not sufficient to pay off the
balance, Jake can be made liable for the deficiency.
C. Only Amy can be made liable for the unpaid loan being the sole recipient
of the proceeds.
D. Jake can no longer be made liable for any deficiency.
64. An action for annulment of a sale of land on the ground of fraud would
prescribe in 4 years from:
A. Date of sale
B. Discovery thereof
C. Registration of the sale
D. Delivery
65. Lucifer Morningstar rented out an condo unit to Chloe Decker for an 18 month
period. The agreement was not embodied in any written contract. As agreed
upon by the parties, Chloe provided a check for 2 months deposit and 18
post-dated checks to cover the 18 month term of the lease. What is the
status of the contract?
A. Valid and enforceable C. Void
B. Rescissible D. Unenforceable
66. Cameron Tucker obliged himself to deliver one of his five cars to Gloria
Delgado-Pritchett but it was not specified which car. In this case,
A. The contract would be interpreted following the least transmission of
rights
B. The contract would be interpreted following the greatest reciprocity of
interests
C. The contract is void
D. They would need to undergo reformation to clarify which car.
67. Which of the following is false with regards the person who can institute
annulment of a contract?
A. Only the incapacitated or injured party or his guardian can ask for
annulment.
B. Creditors of the incapacitated party can ask for the annulment of the
contract entered into by their incapacitated debtor
C. Those who are capacitated cannot allege the incapacity of the other
contracting party
D. Answer not given
68. Sheldon offered to sell his house and lot to Penny for P1,500,000. Penny
was convinced and accepted the same. Penny gave P500 and was given 30 days
to make good the balance of the price. Before the expiration of the 30 days,
Sheldon withdrew and returned Penny’s P500 because he found a new buyer who
would pay twice. In this case,
A. Sheldon validly withdrew the offer since it is within the 30 day period.
B. Sheldon cannot validly withdraw the offer since there was an option money
of P500 that was given.
C. Sheldon validly withdrew the offer since he is still the owner thereof
pending delivery.
D. Sheldon cannot validly withdraw the offer since there was already a
perfected contract of sale.
69. In this kind of contract of sale, upon happening of the condition, the buyer
will have the right to compel the seller to transfer ownership via the
execution of a deed of absolute sale:
A. Absolute sale
B. Conditional sale
C. Contract to sell
D. None of the choices
72. Any affirmation of fact or any promise by the seller relating to the thing,
if the natural tendency of such affirmation or promise is to induce the
buyer to purchase the same, and if the buyer purchased the thing relying
thereon.
A. Condition C. Advertisement
B. Express Warranty D. Marketing Disclosure
73. Monica Bing sold her land to Ross Geller with a right to repurchase the same
within 10 years. Monica died, leaving Phoebe and Ursula as heirs, prior to
the expiration of the 10 year period. Which of the following is incorrect?
A. Phoebe can demand the exercise of the right of redemption only as to half
the land.
B. Ursula can demand the exercise of the right of redemption as to the whole
land.
C. Ross can compel the heirs to redeem jointly and cannot be compelled to
consent to a partial redemption.
D. Ross can allow partial redemption of Ursula of half only
74. A buyer of real estate in installment was able to pay 6 years worth of
installment prior to defaulting. The following are the rights the buyer is
entitled to under the Maceda Law, except:
A. Grace Period of 180 days
B. Cash Surrender Value of 55% of all payments made
C. Notice of Rescission at least 60 days before its effectivity
D. None of the choices is an exception
75. Amy Sosa sold to Dina Fox a truck for P2,000,000 secured by a chattel
mortgage on the truck. For added security, Dina’s friend Jonah Simms,
executed a mortgage over his land in favor of Amy. Amy and Dina agreed that
the latter would pay 10% downpayment and the balance to be paid in monthly
installments of P100,000. Dina eventually defaulted twice and left a balance
of the purchase price amounting to P1,200,000. Amy then foreclosed the
mortgage over the land and sold it in a public sale for P1,500,000. In this
case, who is entitled to the excess?
A. Amy
B. Dina
C. Jonah
D. All of them, equally
76. In this accessory contract, the excess of the proceeds in the foreclosure
sale over the unpaid obligation would, as a rule, go to the creditor:
A. Pledge
B. Chattel Mortgage
C. Real Estate Mortgage
D. None of the choices
77. In a chattel mortgage, the disposal of the thing given as security during
the pendency of the contract of mortgage is:
A. Allowed if there is consent from the creditor-mortgagee but possession
remains with the creditor-mortgagee
B. Allowed always and any stipulation to the contrary would be void
C. A criminal act punished under the Revised Penal Code
D. Not allowed under any circumstance
88. C1, C2 and IP are partners. They have agreed to exempt IP, an industrial
partner, from sharing on any and all losses of the partnership.
At the end of the year, the partnership assets were P10,000 only while its
liabilities are P100,000. In this case,
A. The P100,000 liabilities can be directly charged by the creditors to the
partners, including IP.
B. The stipulation exempting IP from liability is void entirely.
C. If IP is made to pay, he can seek reimbursement of whatever he paid from
C1 and C2.
D. The creditors can only go after C1 and C2, the capitalist partners at
P45,000 each.
89. Elsa, Sam and Casey are partners of Penguin Partnership. Elsa, acting within
the scope of her authority, received P20,000 from Doug, a creditor of the
partnership, and misapplied the same. From whom can Doug collect the P20,000?
A. Elsa only
B. Elsa, Sam and Casey, solidarily
C. Elsa, Sam and Casey, jointly
D. Elsa, Sam, Casey and Penguin Partnership, solidarily
99. As a rule, directors are not entitled to receive any compensation. Except
in the following cases (choose which is an incorrect exception):
A. Reasonable per diems
B. As provided in the by-laws
C. Upon a 2/3 vote of the stockholders
D. None of the choices is incorrect
A. Stockholders
B. Board of Directors if they constitute a quorum
C. Board of Directors regardless if they constitute a quorum or not
D. Colt’s choosing
107. Dunder Mifflin Corporation has P10M Authorized Capital Stock a part of
which is 1M no par value shares with issued value at P5.00. Jim Halpert
acquired 100,000 no par value shares at P4.00. In this case,
A. There is no watering of stocks
B. Jim and the directors of Dunder Mifflin are solidarily liable for the
P1.00 per share difference.
C. Only Jim is liable for the P1.00 per share difference.
D. Only the directors of Dunder Mifflin are liable for the P1.00 per share
difference.
108. Removal of directors by the stockholders may be done even without cause
provided:
A. It will not affect the pre-emptive rights of all stockholders
B. It will not deprive the minority stockholders of their right of
representation
C. It will not affect the right of stockholders to file a derivative suit
D. It will not deprive the minority stockholders of their appraisal right
113. Which of the following committees are required to have at least 3 directors,
one of whom shall be an independent director, under the Revised Code of
Corporate Governance?
A. Audit Committee
B. Nomination Committee
C. Compensation and Remuneration Committee
D. All of the choices
114. When the vacancy in the Board prevents the remaining directors from
constituting a quorum and emergency action is required to prevent grave,
substantial, and irreparable loss or damage to the corporation, the vacancy
may be temporarily filled from among the officers of the corporation by
how many votes from the remaining directors/trustees?
A. At least 50%
B. Majority
C. 2/3
D. 100%
117. Which of the following is not covered by the Mandatory Tender Offer Rule
as to X Corporation stockholders:
A. A, who holds 30% of the shares of X Corporation, plans to acquire 25%
more.
B. B, who holds 20% of the shares of X Corporation offered to buy from C, an
existing shareholder, an equivalent of 14% of X Corporation’s shares
C. X, Y and Z plans to acquire 45% of X Corporation over a period of 10
months
D. None of the choices
118. Piper Chapman is the lawyer of Orange Black Corporation, who in the course
of her work acquired material non-public information. In a drinking
session, she informed her friend Alex Vause of the material non-public
information. Piper, in turn informed Joe Caputo, who she has a romantic
affair with. All three of them acquired shares of stock of Orange Black
Corporation and in turn made profits when the price of the shares shoot up
when the information was made public. Which of the following is true?
A. Only Piper may be guilty of insider trading
B. Only Piper and Alex may be guilty of insider trading
C. Piper, Alex and Joe are all guilty of insider trading
D. None are guilty of insider trading
130. Otis Milburn maintains joint deposit accounts - with Jean Milburn with a
balance of P500,000; with Eric Effiong with a balance of P300,000; and with
Moordale Education Corporation for P1,000,000, all in the same bank. How
much is Otis’s insured deposit amount?
A. P400,000 C. P900,000
B. P500,000 D P1,000,000
135. Under the Ease of Doing Business Act, the number of signatories in any
document shall be limited to:
A. 1
B. 3
C. 5
D. 7
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