in the case of a non-stock corporation, the vote of at least two-thirds (2/3) of the members, in a
member’s meeting duly called for the purpose
What are the requirements before involuntary proceeding petition for rehabilitation can be filed with the
court?
Either of the following must be present:
There is no genuine issue of fact on law on the claim/s of the petitioner/s, and that the due and
demandable payments thereon have not been made for at least sixty (60) days or that the debtor has
failed generally to meet its liabilities as they fall due; or
A creditor, other than the petitioner/s, has initiated foreclosure proceedings against the debtor that will
prevent the debtor from paying its debts as they become due or will render it insolvent
What should be attached in the petition for declaration of the state of suspension of payments?
As a minimum, the petition shall have the following attachments:
A schedule of assets and liabilities
An inventory of assets
A proposed agreement with creditors
What is rehabilitation?
Rehabilitation shall refer to the restoration of the debtor to a condition of successful operation and solvency.
What is a receiver?
Rehabilitation receiver shall refer to the person or persons, natural or juridical, appointed as such by the court
pursuant to the Act and which shall be entrusted with such powers and duties as set forth therein.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
Given that no person shall be imprisoned for non-payment of debt, is Batas Pambansa Blg. 22
constitutional?
Yes, it is constitutional. What is punished by this law is the act of making and issuing of a worthless check or a
check that is dishonored upon its presentation for payment, and NOT the non-payment of the obligation.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
What are specifically excluded from the provisions of Republic Act No. 337?
Persons and entities which receive deposits only occasionally shall not be considered as banks.
Also, insurance companies are exempted from the provisions of RA No. 337.
Can banks advertise the amount of their authorized or subscribed capital stock?
No, unless they also indicate, at the same time and with equal prominence, the amount of their capital actually
paid up.
What is the ownership requirement for banks’ stocks?
At least 60% of the capital stock of any banking institution shall be owned by citizens of the Philippines.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
What is DOSRI?
DOSRI stands for Dealings of a bank with any of its Directors, Officers, Stockholders and their Related
Interests.
What is SBL?
SBL stands for Single Borrower’s Limit.
Is there a limit to the legal tender power of Philippine currency notes and coins?
Philippine currency notes have no limit to their legal tender power. This means that bills, in any denomination
(P20, P50, P100, P200, P500, P1,000) must be accepted up to any amount.
In the case of coins, their legal tender power shall have the following limits:
25-centavo coins and above – acceptable up to P50
10-centavo coins or less – acceptable up to P20
However, pursuant to BSP Circular No. 537, series of 2006, the new limits to the legal tender power of coins
are:
o P1, P5 and P10 – acceptable up to P1,000
o All centavo (sentimo) coins – acceptable up to P100
What is conservatorship?
Broadly defined, conservatorship is an attempt to save the bank from bankruptcy and eventual liquidation.
Doing so entails appointment of a conservator who will take steps such as management reforms and infusion of
additional capital.
What is a conservator?
A conservator is person appointed by the Monetary Board to perform the following functions:
Take charge of the assets, liabilities and management of a bank or quasi-bank
Reorganize the management
Collect all monies and debts due to it
Exercise all powers necessary to restore the bank or quasi-bank’s viability
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
What is receivership?
Receivership is the summary closure of the bank by the Bangko Sentral ng Pilipinas without the need of prior
notice and hearing.
What specific findings of the Monetary Board serve as bases for receivership?
The banking institution is placed under receivership upon finding of the Monetary Board of the following:
Inability to pay liabilities
Insufficiency of realizable assets to meet its liabilities
Inability to continue business without involving probable loss to depositors and creditors
Willful violation of cease and desist order under Sec. 37 of RA No. 7653 that has become final
involving acts or transactions which amount to fraud or dissipation of assets of the institution
Is the receiver tasked to pay the claims of creditors and other liabilities?
No.
With the exception of administrative expenditures, the receiver shall not pay or commit any act that will involve
the transfer or disposition of any asset of the institution.
However, the receiver may deposit or place the funds of the institution in non-speculative investments.
What if the receiver determines that the bank or quasi-bank can no longer be rehabilitated?
If the receiver determines that the institution cannot be rehabilitated or permitted to resume business, the
Monetary Board shall notify in writing the Board of Directors of its findings and direct the receiver to proceed
with the liquidation of the institution.
o Creation, operation or management of juridical persons or arrangements, and buying and selling
business entities.
Are deposits in Philippine banks with branches outside the Philippines insured by the PDIC?
Subject to the approval of the Board of Directors, any insured bank with branch outside the Philippines may
elect to include for insurance its deposit obligations payable at such branch.
Depositors may receive payment in the same currency in which the insured deposit is denominated.
What if the depositor has more than one account in one bank?
All deposit accounts by a depositor in a closed bank maintained in the same right and capacity shall be added
together.
Deposit insurance coverage is not determined on a per-account basis. The type of account (whether checking,
savings, time or other form of deposit) has no bearing on the amount of insurance coverage.
What if the depositor has more than one account but in different banks?
Deposits in different banking institutions are insured separately.
What if the depositor has more than one account but in different branches of the same bank?
If a bank has one or more branches, the main office and all branch offices are considered as one bank.
Thus, if you have deposits at the main office and at one or more branch offices of the same bank, the deposits
are added together when determining deposit insurance coverage, the total of which shall not exceed P500,000.
have complete mailing address found in the bank records or have updated their addresses through the
Mailing Address Update Form (MAUF) of PDIC before the start of the onsite claims settlement
operation
have not maintained the account under the name of business entities
On the part of the auditor on the audit of bank’s financial statements, does it mean that the auditor can
no longer inquire into or examine bank deposits because of the law on secrecy?
Not necessarily.
Presidential Decree No. 1792, amending Republic Act No. 1405 states that, during a regular audit of a bank by
an independent auditor, the auditor may inquire, examine or look into deposits, provided that the following
conditions are satisfied:
The examination is for audit purposes only
The results of the examination shall be for the exclusive use of the bank
What are the sanctions for violations of the Bank Secrecy Law?
Any violation of this law will subject offender upon conviction, to either or both of the following (upon the
discretion of the court):
Imprisonment of not more than 5 years
Fine of not more than P20,000
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
What happens if interested parties have come forward and lain claim to the unclaimed balance?
If interested parties have come forward and lain claim to the property, the courts shall determine whether the
credit or deposit should pass to the claimants or be forfeited in favor of the state.
The amount and the date of the outstanding unclaimed balance and whether the same is in money or in
security, and if the latter, the nature of the same
The date when the person in whose favor the unclaimed balance stands died, if known, or the date when
he made his last deposit or withdrawal
The interest due on such unclaimed balance, if any, and the amount thereof
A copy of the above sworn statement shall be posted in a conspicuous place in the premises of the bank,
building and loan association, or trust corporation concerned for at least sixty days from the date of filing
thereof: Provided, That immediately before filing the above sworn statement, the bank, building and loan
association, and trust corporation shall communicate with the person in whose favor the unclaimed balance
stands at his last known place of residence or post office address.
Who owns the patent for an invention made by the employee in the course of his employment contract?
In case the employee made the invention in the course of his employment contract, the patent shall belong to:
A. The EMPLOYEE – if the inventive activity is not a part of his regular duties even if the employee uses the
time, facilities and materials of the employer.
B. The EMPLOYER – if the invention is the result of the performance of his regularly-assigned duties, unless
there is an agreement, express or implied, to the contrary.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or
priority date, in respect of
o The same goods or services, or
o Closely related goods or services, or
o If it nearly resembles such a mark as to be likely to deceive or cause confusion
Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by
the competent authority of the Philippines to be well-known internationally and in the Philippines,
whether or not it is registered here, as being already the mark of a person other than the applicant for
registration, and used for identical or similar goods or services
Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known
in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods
or services which are not similar to those with respect to which registration is applied for
Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin
of the goods or services
Consists exclusively of signs that are generic for the goods or services that they seek to identify
Consists exclusively of signs or of indications that have become customary or usual to designate the
goods or services in everyday language or in bona fide and established trade practice
Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality,
quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of
the services, or other characteristics of the goods or services
Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves
or factors that affect their intrinsic value
Consists of color alone, unless defined by a given form
Is contrary to public order or morality
What rights does the owner of a registered trademark or service mark have?
The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner’s
consent from using in the course of trade identical or similar signs or containers for goods or services which are
identical or similar to those in respect of which the trademark is registered where such use would result in a
likelihood of confusion.
In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be
presumed.
What are the rules on assignment and transfer of application and registration of trademark and service
mark?
The following rules are observed:
1. An application for registration of a mark, or its registration, may be assigned or transferred with or
without the transfer of the business using the mark.
2. The assignment of the application for registration of a mark, or of its registration, shall be in writing and
require the signatures of the contracting parties. Transfers by mergers or other forms of succession may
be made by any document supporting such transfer.
3. Assignments and transfers shall have no effect against third parties until they are recorded at the Office.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
Pursuant to a commission?
In the case of a work commissioned by a person other than an employer of the author and who pays for it and
the work is made in pursuance of the commission, the person who so commissioned the work shall have
ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written
stipulation to the contrary.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
LAW ON COOPERATIVES
What is a cooperative?
A cooperative is an autonomous and duly registered association of persons, with a common bond of interest,
who have voluntarily joined together to achieve their social, economic, and cultural needs and aspirations by
making equitable contributions to the capital required, patronizing their products and services and accepting a
fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative
principles.
On types of cooperatives
What are the different types of cooperatives?
Cooperatives may fall under any of the following types:
Credit Cooperative – one that promotes and undertakes savings and lending services among its
members. It generates a common pool of funds in order to provide financial assistance to its members
for productive and provident purposes.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
Consumers Cooperative – one the primary purpose of which is to procure and distribute commodities to
members and non-members.
Producers Cooperative – one that undertakes joint production whether agricultural or industrial. It is
formed and operated by its members to undertake the production and processing of raw materials or
goods produced by its members into finished or processed products for sale by the cooperative to its
members and non-members. Any end product or its derivative arising from the raw materials produced
by its members, sold in the name and for the account of the cooperative, shall be deemed a product of
the cooperative and its members.
Marketing Cooperative – one which engages in the supply of production inputs to members and markets
their products.
Service Cooperative – one which engages in medical and dental care, hospitalization, transportation,
insurance, housing, labor, electric light and power, communication, professional and other services.
Multi-purpose Cooperative – one which combines two (2) or more of the business activities of these
different types of cooperatives.
Advocacy Cooperative – a primary cooperative which promotes and advocates cooperativism among its
members and the public through socially-oriented projects, education and training, research and
communication, and other similar activities to reach out to its intended beneficiaries.
Agrarian Reform Cooperative – one organized by marginal farmers majority of which are agrarian
reform beneficiaries for the purpose of developing an appropriate system of land tenure, land
development, land consolidation or land management in areas covered by agrarian reform.
Cooperative Bank – one organized for the primary purpose of providing a wide range of financial
services to cooperatives and their members.
Dairy Cooperative – one whose members are engaged in the production of fresh milk which may be
processed and/or marketed as dairy products.
Education Cooperative – one organized for the primary purpose of owning and operating licensed
educational institutions notwithstanding the provisions of Republic Act No. 9155, otherwise known as
the Governance of Basic Education Act of 2001.
Electric Cooperative – one organized for the primary purposed of undertaking power generations,
utilizing renewable energy sources, including hybrid systems, acquisition and operation of
subtransmission or distribution to its household members.
Financial Service Cooperative – one organized for the primary purpose of engaging in savings and
credit services and other financial services.
Fishermen Cooperative – one organized by marginalized fishermen in localities whose products are
marketed either as fresh or processed products.
Health Services Cooperative – one organized for the primary purpose of providing medical, dental and
other health services.
Housing Cooperative – one organized to assist or provide access to housing for the benefit of its regular
members who actively participate in the savings program for housing. It is co-owned and controlled by
its members.
Insurance Cooperative – one engaged in the business of insuring life and poverty of cooperatives and
their members.
Transport Cooperative – one which includes land and sea transportation, limited to small vessels, as
defined or classified under the Philippine maritime laws, organized under the provisions of the Code.
Water Service Cooperative – one organized to own, operate and manage waters systems for the
provision and distribution of potable water for its members and their households.
REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS
SPECIAL LAWS Q & A NOTES
Workers Cooperative – one organized by workers, including the self-employed, who are at same time
the members and owners of the enterprise. Its principal purpose is to provide employment and business
opportunities to its members and manage it in accordance with cooperative principles.
However, the refund shall not be made if upon such payment the value of the assets of the cooperative would be
less than the aggregate amount of its debts and liabilities exclusive of his share capital contribution.
What if the bylaws do not fix a period for the regular meeting?
If not fixed in the bylaws, the regular meeting shall be on any date within 90 days after the close of each fiscal
year.
What is the status of dealings of directors and officers with the cooperative?
A contract entered into by the cooperative with 1 or more of its directors, officers, and committee members is
voidable, at the option of the cooperative, unless all the following conditions are present:
That the presence of such director in the board meeting wherein contract was approved was not
necessary to constitute a quorum for such meeting
That the vote of such director was not necessary for the approval of the contract
That the contract is fair and reasonable under the circumstances
That in the case of an officer or committee member, the contract with the officer or committee member
has been previously authorized by the General Assembly or by the BOD
A register of members
The books of the minutes of the meetings of the General Assembly, BOD and committee
Share books, where applicable
Financial statement
Such other documents as may be prescribed by laws or the bylaws
The accountant or the bookkeeper of the cooperative shall be responsible for the maintenance of the cooperative
records in accordance with generally accepted accounting practices.
He shall also be responsible for the production of the same at the time of audit or inspection.
The audit committee shall be responsible for the continuous and periodic review of the books and records of
account to ensure that these are in accordance with generally accepted accounting practices.
He shall also be responsible for the production of the same at the time of audit or inspection.
What if the cooperatives have transaction with both members and non-members?
Cooperatives transacting business with both members and non-members shall not be subjected to tax on their
transactions with members.
Preferential and equitable treatment in the allocation or control of bottomries of commercial shipping
vessels in connection with the shipment of goods and products of cooperatives
Preferential rights in the management of public markets and/or lease of public market facilities, stalls or
spaces for cooperatives and their federations, such as farm and fishery producers and suppliers, market
vendors and such other cooperatives, which have for their primary purpose the production and/or the
marketing of products from agriculture, fisheries and small entrepreneurial industries and federations
thereof
Cooperatives engaged in credit services and/or federations shall be entitled to loans credit lines,
rediscounting of their loan notes, and other eligible papers with the Development Bank of the
Philippines, the Land Bank of the Philippines and other financial institutions except the Bangko Sentral
ng Pilipinas
A public transport service cooperative may be entitled to financing support for the acquisition and/or
maintenance of land and sea transport equipment, facilities and parts through the program of the
government financial institutions. It shall have the preferential right to the management and operation of
public terminals and ports whether land or sea transport where the cooperative operates and on securing
a franchise for active or potential routes for the public transport
Cooperatives transacting business with the Government of the Philippines or any of its political
subdivisions or any of its agencies or instrumentalities, including government-owned and controlled
corporations shall be exempt from prequalification bidding requirements
The privilege of being represented by the provincial or city fiscal or the Office of the Solicitor General,
free of charge, except when the adverse party is the Republic of the Philippines
Preferential right in the management of the canteen and other services related to the operation of the
educational institution where they are employed for Cooperatives organized by faculty members and
employees of educational institutions
The appropriate housing agencies and government financial institutions shall create a special window
for financing housing projects undertaken by cooperatives, with interest rates and terms equal to, or
better than those given for socialized housing projects. This financing shall be in the form of blanket
loans or long-term wholesale loans to qualified cooperatives, without need for individual processing
LAW ON COOPERATIVES
Question 1
Which of the following does not necessarily characterize a cooperative?
A. Autonomy
B. Common bond of interest
C. Voluntary involvement
D. Absence of capital
Answer: D.
Question 2
A cooperative whose members are natural persons is called
A. Primary
B. Natural
C. Parent
D. De jure
Answer: A.
Question 3
Which of the following is not a qualification for membership to a primary cooperative?
A. Natural born resident citizen
B. Of legal age
C. Common bond of interest
D. Actually residing or working in the intended area of operation
Answer: A. The law only requires citizenship.
Question 4
A single-purpose cooperative may transform into a multi-purpose cooperative only after at
least how many years of operations?
A. 2
B. 3
C. 4
D. 5
Answer: A.
Question 5
Multi-purpose cooperatives must have a minimum paid-up capital of
A. P15,000
B. P50,000
C. P100,000
D. P250,000
Answer: C. With the exception of agricultural and agrarian reform cooperatives, only
those cooperatives with a minimum paid-up capital of P100,000 may be allowed to transform
into a multi-purpose cooperative.
Question 6
Duly registered cooperatives shall have what extent of liability?
A. Unlimited
B. Limited
C. None at all
D. To the extent fixed by its by-laws
Answer: B.
Question 7
Cooperatives have maximum legal life of 50 years. This period may be extended for periods
not exceeding 50 years in any single instance by an amendment of the articles of
cooperation. However, no extension can be made earlier than ______ prior to the original
or subsequent expiry date unless there are justifiable reasons for an earlier extension.
A. 3 years
B. 5 years
C. 7 years
D. 10 years
Answer: B.
Question 8
The preferred share capital of a cooperative shall not exceed what percent of its total
authorized share capital?
A. 5%
B. 10%
C. 20%
D. 25%
Answer: D.
Question 9
No member shall own more than what percent of the subscribed share capital of a
cooperative?
A. 5%
B. 10%
C. 15%
D. 20%
Answer: B.
Question 10
When does a cooperative acquire juridical personality?
A. From the formation of all its members
B. From the transfer of funds to the cooperatives
C. From the issuance of certificate of registration by the CDA
D. From the assumption of offices by its directors
Answer: C. In addition, the certificate is conclusive evidence that the cooperative
therein mentioned is duly registered, unless it is proved that the registration has been
cancelled.
Question 11
Which type of cooperative has the primary purpose of procuring and distributing
commodities to its members and non-members?
A. Credit
B. Consumers
C. Service
D. Producers
Answer: B.
Question 12
This type of cooperative undertakes joint production whether agricultural or industrial.
A. Producers
B. Multi-purpose
C. Consumers
D. Marketing
Answer: A. It is formed and operated by its members to undertake the production and
processing of raw materials or goods produced by its members into finished or processed
products for sale by the cooperative to its members and non-members.
Question 13
This type of cooperative is organized for the primary purpose of engaging in savings and
credit services and other financial services.
A. Cooperative bank
B. Financial service cooperative
C. Lending cooperative
D. Commercial cooperative
Answer: B.
Question 14
A laboratory cooperative is one organized by
A. Scientists
B. People of scientific background
C. Minors
D. Researchers
Answer: C.
Question 15
What type of cooperative member has no right to vote or be voted upon and shall only be
entitled to any such rights and privileges as the bylaws may provide?
A. Regular member
B. Associate member
C. Loyal member
D. Disloyal member
Answer: B.
Question 16
It is the highest policy-making body of the cooperative.
A. Board of Directors
B. Board of Trustees
C. General Assembly
D. Cooperative Governance
Answer: C.
INSOLVENCY LAW
Question 1
It shall refer 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. Bankrupt
B. Insolvent
C. Indebted
D. Dissolved
Answer: B.
Question 2
Voluntary proceeding differs from involuntary proceeding in that it is initiated by the
A. Court
B. Insolvent debtor
C. Creditors
D. Receiver
Answer: B.
Question 3
Involuntary proceedings are initiated by the
A. Court
B. Insolvent debtor
C. Creditors
D. Receiver
Answer: C.
Question 4
An insolvent debtor may initiate involuntary proceeding by filing a petition for
rehabilitation with the court only if with the prior approval of the following (choose
the incorrect one):
A. the owner in the case of a sole proprietorship
B. the majority of the partners in the case of a partnership
C. the vote of at least 2/3 of the members of a nonstock corporation, in a member’s
meeting called for the purpose
D. the the majority of the vote of the board of directors or trustees and authorized by
the vote of the stockholders representing at least majority of the outstanding capital
stock, in a meeting called for the purpose
Answer: D. For the stockholders, the required vote is at least 2/3 of the outstanding
capital stock.
Question 5
Which of the following creditor or group of creditors may initiate involuntary proceeding
against the debtor by filing a petition for rehabilitation with the court?
A. A creditor with a claim of P500,000
B. Group of creditors with aggregate claim of P750,000
C. A creditor with a claim of P800,000
D. Group of creditors with aggregate claim of P1,000,000
Answer: D. Any creditor or group of creditors with a claim of, or the aggregate of whose
claims is, at least P1,000,000. or at least twenty-five percent (25%) of the subscribed
capital stock or partners’ contributions, whichever is higher, may initiate involuntary
proceedings against the debtor by filing a petition for rehabilitation with the court.
Question 6
An individual debtor who, possessing sufficient property to cover all his debts
but foreseeing the impossibility of meeting them when they respectively fall due, may
file a verified petition that he be declared in the state of __________________ by the
court of the province or city in which he has resides for six (6) months prior to the
filing of his petition.
A. bankruptcy
B. suspension of payments
C. insolvency
D. liquidation
Answer: B.
Question 7
In a petition for declaration for the state of suspension of payments, which of the
following is not required as a minimum attachment?
A. A schedule of assets and liabilities
B. An inventory of assets
C. A proposed agreement with creditors
D. A list of all loans in the last 5 years
Answer: D.
Question 8
It refers to the restoration of the debtor to a condition of successful operation and
solvency.
A. Reorganization
B. Rehabilitation
C. Reconditioning
D. Liquidation
Answer: B.
Question 9
Which of the following is least likely included as a rehabilitation plan?
A. Debt-equity conversion
B. Quasi-reorganization
C. Liquidation
D. Dacion en pago
Answer: C. Liquidation is the process of realizing the assets of the company,
distributing the proceeds to rightful claimants and bringing an end to the business, a
process opposite to rehabilitation.
Question 10
Which of the following is not an effect of a stay order or suspension order?
A. It suspends all actions or proceedings, in court or otherwise, for the enforcement of
claims against the debtor.
B. It suspends all actions to enforce any judgment, attachment or other provisional
remedies against the debtor.
C. It prohibits the debtor from selling, encumbering, transferring or disposing in any
manner any of its properties even if it is in the ordinary course of business.
D. It prohibits the debtor from making any payment of its liabilities outstanding as of
the commencement date except as may be provided in the Act.
Answer: C. A stay order or suspension order prohibits the debtor from selling,
encumbering, transferring or disposing in any manner any of its properties except in the
ordinary course of business.
CORPORATE REHABILITATION
Question 1
It shall refer 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. Bankrupt
B. Insolvent
C. Indebted
D. Dissolved
Answer: B.
Question 2
Voluntary proceeding differs from involuntary proceeding in that it is initiated by the
A. Court
B. Insolvent debtor
C. Creditors
D. Receiver
Answer: B.
Question 3
Involuntary proceedings are initiated by the
A. Court
B. Insolvent debtor
C. Creditors
D. Receiver
Answer: C.
Question 4
An insolvent debtor may initiate involuntary proceeding by filing a petition for
rehabilitation with the court only if with the prior approval of the following (choose
the incorrect one):
A. the owner in the case of a sole proprietorship
B. the majority of the partners in the case of a partnership
C. the vote of at least 2/3 of the members of a nonstock corporation, in a member’s
meeting called for the purpose
D. the the majority of the vote of the board of directors or trustees and authorized by
the vote of the stockholders representing at least majority of the outstanding capital
stock, in a meeting called for the purpose
Answer: D. For the stockholders, the required vote is at least 2/3 of the outstanding
capital stock.
Question 5
Which of the following creditor or group of creditors may initiate involuntary proceeding
against the debtor by filing a petition for rehabilitation with the court?
A. A creditor with a claim of P500,000
B. Group of creditors with aggregate claim of P750,000
C. A creditor with a claim of P800,000
D. Group of creditors with aggregate claim of P1,000,000
Answer: D. Any creditor or group of creditors with a claim of, or the aggregate of whose
claims is, at least P1,000,000. or at least twenty-five percent (25%) of the subscribed
capital stock or partners’ contributions, whichever is higher, may initiate involuntary
proceedings against the debtor by filing a petition for rehabilitation with the court.
Question 6
An individual debtor who, possessing sufficient property to cover all his debts
but foreseeing the impossibility of meeting them when they respectively fall due, may
file a verified petition that he be declared in the state of __________________ by the
court of the province or city in which he has resides for six (6) months prior to the
filing of his petition.
A. bankruptcy
B. suspension of payments
C. insolvency
D. liquidation
Answer: B.
Question 7
In a petition for declaration for the state of suspension of payments, which of the
following is not required as a minimum attachment?
A. A schedule of assets and liabilities
B. An inventory of assets
C. A proposed agreement with creditors
D. A list of all loans in the last 5 years
Answer: D.
Question 8
It refers to the restoration of the debtor to a condition of successful operation and
solvency.
A. Reorganization
B. Rehabilitation
C. Reconditioning
D. Liquidation
Answer: B.
Question 9
Which of the following is least likely included as a rehabilitation plan?
A. Debt-equity conversion
B. Quasi-reorganization
C. Liquidation
D. Dacion en pago
Answer: C. Liquidation is the process of realizing the assets of the company,
distributing the proceeds to rightful claimants and bringing an end to the business, a
process opposite to rehabilitation.
Question 10
Which of the following is not an effect of a stay order or suspension order?
A. It suspends all actions or proceedings, in court or otherwise, for the enforcement of
claims against the debtor.
B. It suspends all actions to enforce any judgment, attachment or other provisional
remedies against the debtor.
C. It prohibits the debtor from selling, encumbering, transferring or disposing in any
manner any of its properties even if it is in the ordinary course of business.
D. It prohibits the debtor from making any payment of its liabilities outstanding as of
the commencement date except as may be provided in the Act.
Answer: C. A stay order or suspension order prohibits the debtor from selling,
encumbering, transferring or disposing in any manner any of its properties except in the
ordinary course of business.
Question 2
A bounced or worthless check is also known as a
A. Post-dated check
B. Crossed check
C. Bum check
D. Special check
Answer: C.
Question 3
Which of the are checks without sufficient fund, as contemplated by BP Blg. 22.
I. A check dishonored by the bank upon presentment, due to insufficiency of funds, and
the issuer has knowledge of insufficiency at the time of issue
II. A check which would have been dishonored for insufficiency, were it not for the
drawer’s unjustifiable order to his bank to stop the payment of the check
III. A check dishonored for insufficiency when presented for payment within 90 days from
issue, even if there was sufficient fund at the time of issue
A. I and II only
B. I and III only
C. II and III only
D. I, II and III
Answer: D.
Question 4
A issued check in favor of B. A knew at the time of issue that the check has no
sufficient fund in the drawee bank. Upon presentment by B, the bank dishonored the check
for insufficiency. B filed charges against A for violation of BP Blg. 22. A, however,
subsequently issued another check to B in payment of the amount covered by the original
check. Can A still be charged with violation of BP Blg. 22?
A. No, because the subsequent check cleared the offense
B. No, because there is no more unpaid debt
C. No, because no person shall be imprisoned for debt
D. Yes, because what is punished is the act of issuing a worthless check
Answer: D. The law has made the mere act of issuing a bum check a malum prohibitum, an
act proscribed by legislature for being deemed pernicious and inimical to public
welfare. The gravamen of the offense under this law is the act of issuing a worthless
check or a check that is dishonored upon its presentment for payment. Thus, even if there
had been payment, through compensation or some other means, there could still be
prosecution for violation of B.P. 22. (Tan vs. Mendez, GR No. 138669, June 6, 2002).
Question 5
As used in BP Blg. 22, it shall mean an arrangement or understanding with the bank for
the payment of check.
A. Debit
B. Credit
C. Deposit
D. Withdrawal
Answer: B.
Question 6
When a worthless check is issued by a corporate entity, who shall be liable?
A. the shareholders
B. the corporate officers signing the check
C. the Board of Directors
D. no one
Answer: B. Where the check is drawn by a corporation, company or entity, the person or
persons who actually signed the check in behalf of such drawer (i.e. the corporation,
company or entity) shall be liable. This means that the officers signing the check for
the corporation will be the ones liable.
Question 7
Persons guilty of issuing checks without sufficient funds face which two of the following
sanctions?
A. Imprisonment of not less than 30 days but not more than 1 year
B. Imprisonment of not less than 60 days but not more than 2 years
C. Fine equal to the amount of the check
D. Fine of not less than but not more than double the amount of the check
Answer: A and D. The punishment shall be either imprisonment of not less than 30 days but
not more than 1 year, or fine of not less than but not more than double the amount of the
check.
Question 8
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 ninety
(90) days from the date of the check, shall be
A. prima facie evidence of knowledge of such insufficiency of funds or credit
B. conclusive evidence of knowledge of such insufficiency of funds or credit
C. indisputable evidence of knowledge of such insufficiency of funds or credit
D. proof beyond reasonable doubt of knowledge of such insufficiency of funds or credit
Answer: A. However, this presumption does not apply when the maker or drawer pays the
holder of the check the amount due, or makes arrangement for payment in full by the
drawee of such check within 5 banking days after receiving notice that such check has not
been paid by the drawee.
Question 9
When a check presented has bounced, it is the drawee bank’s duty to
A. initiate the filing of charges against the drawer for violation of BP Blg. 22
B. advise the payee of the check to file charges against the drawer for violation of BP
Blg. 22
C. cause to be written, printed, or stamped on the check, in plain language, or attached
thereto, the reason for its dishonor or refusal to pay
D. All of the above
Answer: C. Moreover, where there are no sufficient funds in or credit with such drawee
bank, such fact shall always be explicitly stated in the notice of dishonor or refusal.
GENERAL BANKING LAWS
Question 1
Which of the following does not characterize a bank or banking institution?
A. Authorized to engage in lending of funds
B. Funds for lending are obtained mainly from private institutions
C. Funds are from receipt of deposits or sale of bonds
D. It conducts banking activities on a regular basis
Answer: B. The funds used by the bank from lending are mainly from the public through the
receipt of deposits or the sale of bonds, securities, or obligations of any kind.
Question 2
Which of the following is excluded from the term “banking institution”?
A. Building and loan association
B. Money changer
C. Trust company
D. Savings bank
Answer: B. Bank or banking institutions include commercial, savings and mortgage banks,
trust companies, savings and loan associations, Philippine branches and agencies of
foreign banks and all other corporations, companies, partnerships and associations
performing banking functions in the Philippines.
Question 3
True/False. Insurance companies are included in the provisions of Republic Act No. 337 or
the General Banking Law.
Answer: False. Insurance companies are exempted from the provisions of RA No. 337.
Question 4
Which of the following security cannot be issued by banks?
A. Preferred stock
B. Common stock
C. Bonded instrument
D. No par value stock
Answer: D. No banking institution shall issue no par value stock.
Question 5
At least what percent of the capital stock of any banking institution shall be owned by
citizens of the Philippines?
A. 50%
B. 60%
C. 75%
D. 90%
Answer: B.
Question 6
What type of banking institution is one which accepts or creates demand deposits subject
to withdrawal by check?
A. Trust company
B. Mortgage bank
C. Commercial bank
D. Building and loan association
Answer: C.
Question 7
Which of the following is not a purpose of a building and loan association?
A. to accumulate the savings of its stockholders
B. to repay to stockholders their accumulated savings and profits upon surrender of their
shares
C. to loan its funds to stockholders of the security of unencumbered real estate
D. to act as trustee or administer any trust or hold property in trust or on deposit for
the benefit of others
Answer: D. What is described here is the purpose of a trust corporation.
Question 8
True/False. Commercial banking institutions cannot engage in the business of a trust
company.
Answer: False. A commercial banking corporation may, with the approval of the Monetary
Board, be authorized to engage in the business of a trust company, but shall be subject
to the provisions related to the trust corporations as regards its trust business.
Question 9
What does the D in DOSRI represent?
A. Dividends
B. Directors
C. Discounts
D. Depreciation
Answer: D. DOSRI stands dealings with Directors, Officers, Stockholders and their Related
Interests.
Question 10
DOSRI should be in the regular course of business and the dealings should be upon which
terms?
A. Not more favorable to the bank than those offered to others
B. Not less favorable to the bank than those offered to others
C. Exactly similar to those offered to others
D. Double those offered to others
Answer: B. The dealings should be upon terms not less favorable to the bank than those
offered to others.
Question 11
A substantial stockholder shall mean a person, or group of persons whether natural or
juridical, owning such number of shares that will allow such person or group to elect at
least _______________ of the board of directors of a bank or who is directly or
indirectly the registered or beneficial owner of more than _______________ of any class
of its equity security.
A. 1 member; 20%
B. 2 members; 10%
C. 1 member; 10%
D. 2 members; 20%
Answer: C.
Question 12
What does SBL stand for?
A. Standard By Laws
B. Secured Banking Legislation
C. Single Borrower’s Limit
D. See Bottom Line
Answer: C.
Question 13
Per Bangko Sentral ng Pilipinas Circular No. 425, series of 2004, consistent with
national interest, the total amount of loans, credit accommodations and guarantees that
may be extended by a bank to any person, partnership, association, corporation or other
entity shall at no time exceed ______ of the net worth of such bank.
A. 10%
B. 20%
C. 25%
D. 40%
Answer: C.
Question 14
With certain requirements, SBL can be increased by what percent?
A. 5%
B. 10%
C. 15%
D. 20%
Answer: B. It can be increased by an additional 10%; Provided, That the additional
liabilities are adequately secured by trust receipts, shipping documents, warehouse
receipts or other similar documents transferring or securing title covering readily
marketable, non-perishable goods which must be fully covered by insurance.
Question 2
What is the threshold figure for a “covered transaction”?
A. at least P500,000
B. more than P500,000
C. at least P4,000,000
D. more than P4,000,000
Answer: B. A covered transaction is a transaction in cash or other equivalent monetary
instrument involving a total amount of more than P500,000 within 1 banking day. (Note:
the more than P4,000,000 threshold was before the amendments made under RA No. 9194).
Question 3
True/False. The “more than P500,000” threshold applies to “suspicious transactions”.
Answer: False. Suspicious transactions are transactions with covered institutions,
regardless of the amounts involved, where any of the circumstances enumerated in the law
exist.
Question 4
Suspicious transactions are transactions with covered institutions, regardless of the
amounts involved, where any of the following circumstances exist (choose the exception):
A. there is no underlying legal or trade obligation, purpose or economic justification
B. the client is not properly identified
C. the amount involved is commensurate with the business or financial capacity of the
client
D. the transactions is in a way related to an unlawful activity or offense under the Act
that is about to be, is being or has been committed
Answer: C. The phrase should read as: “not commensurate”.
Question 5
Suspicious transactions shall be reported by covered persons. Which of the following is
least likely considered as a covered person?
A. Bank or banking institution
B. Insurance company
C. Jewelry dealer in precious metal
D. Lawyer acting as independent legal counsel
Answer: D. Covered persons shall not include lawyers and accountants acting as
independent legal professionals in relation to information concerning their clients or
where disclosure of information would compromise client confidences or the attorney-
client relationship.
Question 6
To which specific body shall covered persons report the occurrence of suspicious
transactions?
A. COA – Commission on Audit
B. BSP – Bangko Sentral Ng Pilipinas
C. AMLC – Anti-Money Laundering Council
D. PDIC – Philippine Deposit Insurance Commission
Answer: C. Covered persons shall report to the AMLC all covered transactions and
suspicious transactions.
Question 7
Within how many days shall covered persons report to the AMLC the occurrence of
suspicious transactions?
A. 1 working day
B. 3 working days
C. 5 working days
D. 7 working days
Answer: C. Covered persons shall report to the AMLC all covered transactions and
suspicious transactions within 5 working days from occurrence thereof, unless the AMLC
prescribes a different period not exceeding 15 working days.
Question 2
Which of the following does not constitute legal tender?
A. 1,000 pieces of P20-bill
B. 100 pieces of P20-bill and 100 pieces of P10-coin
C. 300 pieces of P5-coin
D. Centavo coins worth P100
Answer: C. Philippine currency notes (bills) have no limit to their legal tender power.
For coins, centavos are acceptable up to P100, while other coins (P1, P5, P10) are
acceptable up to P1,000.
Question 3
Which of the following has legal tender power?
I. Checks representing demand deposit
II. Negotiable promissory note
A. I only
B. II only
C. Both I and II
D. Neither I nor II
Answer: D. Checks representing demand deposits do not have legal tender power and their
acceptance in the payment of debts, both public and private, is at the option of the
creditor: Provided, however, That a check which has been cleared and credited to the
account of the creditor shall be equivalent to a delivery to the creditor of cash in an
amount equal to the amount credited to his account. Negotiable instruments do not have
legal tender power.
Question 4
Which government institution has the sole authority to issue notes and coins for
circulation in the Philippines?
A. Bureau of Treasury
B. Bureau of Internal Revenue
C. Bangko Sentral Ng Pilipinas
D. Landbank of the Philippines
Answer: C.
Question 5
It is an attempt to save the bank from bankruptcy and eventual liquidation.
A. Liquidation
B. Conservatorship
C. Receivership
D. Dissolution
Answer: B. Broadly defined, conservatorship is an attempt to save the bank from
bankruptcy and eventual liquidation. Doing so entails appointment of a conservator who
will take steps such as management reforms and infusion of additional capital.
Question 6
Who appoints the conservator?
A. Monetary Board
B. Commission on Audit
C. Depositor
D. Court
Answer: A.
Question 7
Which of the following is not one of the functions of the conservator?
A. Take charge of the assets, liabilities and management of a bank or quasi-bank
B. Reorganize the management
C. Collect all monies and debts due to the bank
D. Administer the bank’s assets and liabilities for the benefit of its creditors
Answer: D. Administering the bank’s assets and liabilities for the benefit of creditors
is a function of a receiver, not conservator.
Question 8
The conservatorship shall be for a period
A. Of at least 1 year
B. Of at least 2 years
C. Not to exceed 1 year
D. Not to exceed 2 years
Answer: C. The conservatorship shall not exceed 1 year.
Question 9
It is the summary closure of the bank by the Bangko Sentral ng Pilipinas without the need
of prior notice and hearing.
A. Conservatorship
B. Receivership
C. Liquidation
D. Rehabilitation
Answer: B.
Question 10
The bank or banking institution is placed under receivership upon finding of the Monetary
Board of the following (choose the exception):
A. Inability to pay liabilities
B. Insufficiency of realizable assets to meet its liabilities
C. Inability to continue business without involving probable loss to depositors and
creditors
D. Inability to declare dividends
Answer: D.
Question 11
Who among the following has the task of paying the claims of creditors and other
liabilities of the bank?
A. Conservator
B. Receiver
C. Liquidator
D. President
Answer: C.
Question 12
Receivership shall not exceed
A. 30 days
B. 90 days
C. 120 days
D. 60 days
Answer: B.
Question 13
Which of the following is not a function of a receiver?
A. Gather and take charge of all the assets and liabilities of the bank
B. Administer the assets and liabilities for the benefit of its creditors
C. Exercise the general powers of a receiver under the Revised Rules of Court
D. Pay or commit any act that will involve the transfer or disposition of any asset of
the bank
Answer: D. With the exception of administrative expenditures, the receiver shall not pay
or commit any act that will involve the transfer or disposition of any asset of the
institution. However, the receiver may deposit or place the funds of the institution in
non-speculative investments.
Question 2
What is the amount of insured deposit?
A. Minimum of P500,000, gross
B. Maximum of P500,000, gross
C. Maximum of P500,000, net
D. Minimum of P500,000 net
Answer: C. The insured deposit is net of any obligation of the depositor to the insured
bank as of the date of closure, but not to exceed P500,000.
Question 3
True/False. Joint accounts shall be insured separately from any individually-owned
deposit account.
Answer: True.
Question 4
What is the total insured deposit of Juan dela Cruz?
A. P500,000
B. P750,000
C. P1,000,000
D. P1,250,000
Answer: C. For the single/individual account = P500,000; for the AND joint account =
P250,000 (P500,000 maximum/2); for the OR joint account = P250,000 (P500,000 maximum/2)
Question 5
What is the total uninsured deposit of Juan dela Cruz?
A. P100,000
B. P250,000
C. P500,000
D. P600,000
Answer: B. For the single account = excess of P100,000; for the AND joint account = no
excess; for the OR joint account = excess of P150,000 (P300,000/2)
Question 6
What is the total insured deposit of Maria dela Cruz?
A. Zero
B. P250,000
C. P500,000
D. None of the choices
Answer: B. P500,000/2
Question 7
What is the total insured deposit of Pedro dela Cruz?
A. Zero
B. P250,000
C. P400,000
D. P500,000
Answer: B. Maximum P500,000/2
Question 8
What is the total uninsured deposit of Pedro dela Cruz?
A. Zero
B. P100,000
C. P150,000
D. P250,000
Answer: C. Excess of P300,000/2
Question 9
What is the total of insured deposit of Juan dela Cruz?
A. P500,000
B. P1,000,000
C. P1,150,000
D. None of the choices
Answer: B. The joint accounts will be insured separately from the individual account.
However, the share of Juan dela Cruz in the joint accounts shall not exceed P500,000
total (which has been reached already in Case 1 Question 4). This means that the
additional P150,000 share (P450,000/3) will become uninsured deposit.
Question 10
What is the total of insured deposit of Pedro dela Cruz?
A. P250,000
B. P400,000
C. P500,000
D. P600,000
Answer: D. Share in joint OR account = P250,000 (maximum of P500,000/2); share in 3-way
joint OR account = P150,000 (P450,000/3)
Question 11
The portion of the deposit not insured shall
A. Be forfeited in favor of the bank
B. Be forfeited in favor of the Government
C. Become a claim against the asset of the closed bank
D. Be written off immediately by the depositor
Answer: C
Question 12
Deposits in which of the following banks are insured by the PDIC?
I. Commercial banks
II. Savings and mortgage banks
III. Private development banks
IV. Cooperative banks
V. Savings and loan associations
A. All except IV
B. All except V
C. All except IV and V
D. All banks enumerated above
Answer: D.
Question 13
True/False. Foreign currency deposits are also insured by the PDIC.
Answer: True. This is pursuant to RA No. 6426 and Central Bank Circular No. 1389.
Question 14
The PDIC will not pay deposit insurance on the following accounts or transactions. Which
is the exception?
A. Investments in bonds
B. Deposit products emanating from unsafe and unsound banking practices
C. Deposits from unlawful proceeds
D. Deposits in foreign currency
Answer: D.
Question 15
True/False. Deposits in different banks are added together for the purpose of the
P500,000 maximum.
True/False. Deposits in different branches of the same bank are insured separately.
A. False, True
B. True, False
C. False, False
D. True, True
Answer: C. Deposits in different banks are separately insured. Deposits in different
branches of the same bank are considered as deposits in one bank.
Question 16
To file for claims on the insured deposits, which of the following is/are not required?
A. Original evidence of deposits such as savings passbook
B. Claim form
C. For all depositors, photocopy of birth certificate and valid ID of the parent
D. 1 valid original photo-bearing ID with clear signature of depositor
Answer: C. This is only required for depositors below 18 years old.
Question 17
Depositors with valid deposit accounts with balances of ___________________ are not
required to file claims, provided they meet other qualifications, as required.
A. P100,000 and below
B. P150,000 and below
C. P200,000 and below
D. P250,000 and below
Answer: A.
Question 18
A joint demand deposit account in the name of Juan dela Cruz and ABC Corporation in the
amount of P500,000 was held in Bank 1. What is the insured deposit of Juan dela Cruz?
A. Zero
B. P250,000
C. P500,000
D. P100,000
Answer: A. The deposit is presumed to belong entirely to ABC Corporation, the juridical
person or entity in the joint account.
Answer: D. The law states that all deposits of whatever nature with banks or banking
institutions in the Philippines including investments in bonds issued by the Government
of the Philippines, its political subdivisions and its instrumentalities are considered
absolutely confidential.
Question 2
True/False. Foreign currency deposits are excluded from the protection of bank secrecy
laws.
Answer: False. Republic Act No. 6426, known as the “Foreign Currency Deposit Act of the
Philippines”, Sec. 8 states that all foreign currency deposits are also considered of an
absolutely confidential nature.
Question 3
In all of the following cases, the deposits may be examined, inquired or looked into by
any person, government official, bureau or office. Choose the exception.
A. When permitted (written) by the depositor
B. In cases of impeachment
C. When the depositor is a public official
D. In cases where the money deposited or invested is the subject matter of litigation
Answer: C. Being a public official does not automatically waive the right to bank
secrecy. The deposit may only be examined, inquired or looked into upon order of
competent court in cases of bribery or dereliction of duty of public officials.
Question 4
Can independent external auditors inquire into or examine bank deposits during the course
of the audit?
A. Yes, anytime.
B. Yes, in the regular audit of the bank, with conditions
C. No, because of the absolute nature of secrecy
D. No, unless the auditor has reason to believe that bank fraud exists
Answer: B. Presidential Decree No. 1792, amending Republic Act No. 1405 states that,
during a regular audit of a bank by an independent auditor, the auditor may inquire,
examine or look into deposits, provided that the following conditions are satisfied: a)
the examination is for audit purposes only, and b) the results of the examination shall
be for the exclusive use of the bank.
Question 5
Violations of the bank secrecy law subjects the offender, upon conviction, to which of
the following?
A. Imprisonment of not more than 2 years or fine of not more than P20,000 or both
B. Imprisonment of not more than 5 years or fine of not more than P20,000 or both
C. Imprisonment of not more than 2 years or fine of not more than P40,000 or both
D. Imprisonment of not more than 5 years or fine of not more than P40,000 or both
Answer: B.
1. The Sogod Hotel chain reproduces DVD’s, distributes the copies thereof to its hotels
and makes them available to hotel guests for viewing in the hotel guest rooms and
charges a separate fee for the use of the DVD players. Is Sogod Hotel liable for
infringement?
A. Yes, because the reproduction of the DVD’s violate the copyright or economic rights of
the owner of the film. The hotel charge fees for the use of DVD player as well as
there are room charges, they earn gain from the use of the DVD because it entice the
guests to check-in in their hotel.
B. No, the DVD viewing is done privately in the hotel guest rooms.
C. None of the choices
D. No, the DVD viewing is part of the hotel services and it is the use of the DVD players
that is charged and not the cost of the DVD.
2. Paul, doing a cosmetics business, owns a copyright to the name of its facial cream
“chin chin suk” and patent rights for its heart shape case. John, who owns a
merchandising company advertised and sold the same product to the public. Paul filed a
petition for preliminary injunction against John for violation of his patent and
copyright. Rule.
A. A preliminary injunction under the rules of court is not the proper remedy in this
case
B. The copyright and patent of the name effectively protects Paul from unauthorized use
of the same to the exclusion of others
C. The copyright and patent registration of a trade name would not guarantee the
registrant the right to the exclusive use of the product, not being the proper
subjects thereof.
D. All choices
3. Alberto found that the theory of relativity of Einstein is wrong and the correct
formula is E=MC/2. He filed a patent for the same. A relative of Einstein learned of
the application and went here to pray for the denial of the application. Rule.
A.
A. The relative of Einstein has no personality to file the petition
B. The application should be denied since the formula has no relevance to any human
B.
activity or solves any problem
C. None of the choices
C.
D. The application should be denied since the new formula needs to be validated by the
science community
4. Narciso Planas invented a gas-saving device, manufactured and sold it to the market
without securing a patent. San Miguel Co., a rich and well-known company, bought one
gadget, dismantled the device and studied it. In due time, the company is
manufacturing a gas-saving device similar to the invention of Narciso Planas. Before
offering it for sale, the company secured a patent. Below are the actions and defenses
available for Narciso Planas. Which of the following statements are correct?
Statement 1: Narciso Planas should first bring an action for the cancellation of the
patent illegally secured by San Miguel Company and on the said proceedings, he must
prove that he invented the device.
Statement 2: Narciso Planas, being the inventor of the gadget, is the owner of an
intellectual creation and is entitled to legal protection of said property right from
the unauthorized use of the same by another person or entity.
Statement 3: While the cancellation proceedings are pending, Narciso Planas may ask
the court for preliminary injunction to prevent San Miguel from manufacturing more
gadgets.
Statement 4: San Miguel Co. has a better right over the invention because they secured
a patent before selling the device.
A. Statement 4 is correct
B. Statements 1, 2 and 3 are correct
C. Statements 1 and 2 are correct.
D. Statements 1 and 3 are correct
D.
5. Read the following statements and determine which of the choices are correct:
Statement 1: Infringement is the use by others without the registrant’s consent of a
reproduction or colorable imitation of his trademark, tradename or service mark with
the purpose of causing to mislead or misleading the public that those goods or
services are those of the registrant.
Statement 2: The definition of infringement implies that only registered trademarks,
trade names and service marks are protected against infringement or unauthorized use
by another or others
A. Only Statement 1 is true
B. Both statements are true
C. Neither statements is true
D. Only Statement 2 is true
8. Ely commissioned Marcus, a renowned artist, to paint a mural in the lobby of his
newly renovated building located at Binondo, for the sum of P2.0 million. Later
on, an infringement case was filed by Marcus against Raimund. Raimund contended
that Marcus has no right to file the case. Rule.
A. Marcus has no right because he has no interest to the painting
B. Marcus has no right since Ely owns the painting
C. Marcus has a right provided he obtains the consent of Ely being as the owner of
the painting.
D. Marcus has a right since he owns the copyright to the painting , being its
creator.
9. Rico is a laptop repair technician. A defective laptop was sold to him. He was
able to fix. In its hardrive, he found a program which he used to develop
FACELOOK. Later, Bob filed an action for damages on account of an infringement of
copyright on the program which he owns. Rico raised as a defense that he was
unaware that what he used was a copyright material. Rule.
A. The defense is not valid since there was bad faith when he copied the program
considering that the laptop was only sold to him
B. The defense is valid. Good faith can be used in this case since the laptop is
already beyond repair when it was sold to him.
C. The defense is not valid. It is immaterial whether the infringer was aware or
not that the material he copied has a copyright.
D. The defense is valid since the computer program is an invention hence, not
covered by a copyright
10. Piolo and Sam are famous personalities who kept a secret love affair. They
used a special instant messaging service which allows them to see one another’s
typing on their screen as each letter is pressed. When KC, the controller of
the service facility, found out their identities, she kept a copy of all the
messages, including the song composed by Sam for Piolo, and later published
them. Is KC liable for copyright infringement?
A. No, the letters are not in the form required by law to be protected by
copyright
B. Yes, the law does not distinguish if the letters are handwritten or in
electronic form
C. Yes, provided the electronic data is authenticated
D. No, there is no artistic or literary work in the letters published
11. Mark manufactured rubber shoes under the brand name of Koby. He did not register it
but it became popular. Years later, Nelson manufactured rubber shoes using the same
design and color as Koby but named it as Shak. Mark filed a case against Nelson.
Nelson contended that the name Koby is not protected. Rule.
A. Nelson is liable since the name is already popular
B. Nelson is not liable since the name is not registered
C. Nelson is liable but not for infringement
D. Nelson is not liable because he gave it a different name
12. Che Che invented a device that can transform rain into fuel. He asked Guevarra to
help him register it. Guevarra suggested that they form a company and register the
same. While the application is pending, CheChe died. Castro, the estranged husband of
CheChe now comes contesting the application of the corporation and filed his own
patent application as the sole surviving heir. Rule.
A. Castro has no right since the right to the invention retroacts from its filing hence,
favors the corporation
B. Castro has a right being the heir of Che Che. It also appears that the corporation is
not authorized to file the application
C. Castro has no right since property rights to the invention already passed to the
corporation
D. Castro has a right provided it is proven in the estate proceedings of Che Che
13. Unilevel Corporation asked your legal advice regarding their plan to use a
trademark with the words “SWEET CANDY” However, there is an existing and registered
trademark using the words “TWEET CANDY” Which of the following advices are correct.
A. Unilevel is a well-known company and their products are patronized country-wide, they
can use the trademark SWEET CANDY because TWEET CANDY is owned by a small-time company
whose market is within Luzon only.
B. None of the choices
C. The firm must abandon the plan because another company uses the trademark Tweet Candy
and there is a danger of a suit for infringement. The words Sweet and Tweet is almost
similar in sound and they can confuse or mislead the public.
D. They can use the SWEET CANDY as long as there will be a very different packaging and
flavors so as not to mislead the public.
14. Kris Aquino commissioned Mr. Magaling to write a biography of her late father,
Ninoy Aquino, for a fee. Upon completion of the work, Kris paid Mr. Magaling the
agreed price. The biography was copyrighted. Kris, however, changed her mind again
upon reading the book and decided not to have it published. Can Kris Aquino sell the
property without the consent of Mr. Magaling?
A. Yes, Kris Aquino can sell the copyrighted biography of her father without need of
securing the consent of Mr. Magaling, the writer of said biography.
B. Mr. Magaling entered into a contract with Kris Aquino and having compensated, he had
parted with all his rights to the said book, in effect making Kris his assignee.
C. All choices
D. The assignee’s rights include the right to sell the work without the consent of the
writer, Mr. Magaling.
15. X sold its energy drink under the brand name of Cobra. He registered a trademark
for the drink. Subsequently, Y manufactured boots and sold it under the name of Cobra.
X knows that there is no infringement since they have different products. But he wants
to file a case on the ground of the theory of dilution so that the case will prosper.
He asks you now what are the conditions so he can use this theory.
A. Actual damage is suffered by the X
B. If there is a connection between the energy drink and the boots
C. None of the choices
D. There is confusion in the market as a result of the same brand name with different
products