Professional Documents
Culture Documents
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JayArhSals
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
MERCANTILE
LAW
Compiled and Arranged By:
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
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JayArhSals
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The author was inspired by the work of Silliman Universitys
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the author of this work.
The Author.
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JayArhSals
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
General Principles
Presumption: Habitually Engaging in Commerce (2009).............9
Banking Law
Banks; Bank Deposits vs. Deposit Substitutes (2010).......................................................9
Banks; Deposit: Safety Deposit Box, Relationship from Banks (2010).............................10
Banks; Money Laundering: Predicate Crimes (2007).......................................................10
Banks; Mortgage; Redemption (2007).............................................................................11
Banks; Insolvency; Actions of the Monetary Board (2009)..............................................12
Banks; Insolvency; Claims (2010)..................................................................................13
Banks; Receivership (2007)............................................................................................13
Banks; Receivership; Prohibited Transaction (2009)......................................................14
Banks; Secrecy of Bank Deposit; AMLC (2013)...............................................................14
Banks; Secrecy of Bank Deposits (2009).........................................................................15
Banks; Single Borrowers Limit; Collateral Security (2008).............................................16
Banks; Types of Banks (2010) .......................................................................................16
Truth in Lending Act (2009) .........................................................................................17
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JayArhSals
Corporation Law
BOD; Conflict of Interest; Ratification (2008)................................................................20
BOD; Qualifications (2012) ...........................................................................................21
Corporation; Dissolution (2012) ....................................................................................23
Corporation; Formation; Enactment of a Law (2008)......................................................24
Corporation; Sole Proprietorship (2010).........................................................................24
Derivative Suit; Expiration of Term (2013) ...................................................................26
Derivative Suit; Jurisdiction (2009)...............................................................................26
Dividends; Declaration of Dividends (2009)....................................................................27
Dividends; Declaration of Dividends (2009)....................................................................28
Dividends; Declaration of Dividends (2008)....................................................................28
Liabilities; BOD; Corporate Acts (2012)..........................................................................29
Piercing the Corporate Veil (2008) ................................................................................31
Stock and Transfer Book (2009) ....................................................................................32
Stockholders; Appraisal Right (2007) ............................................................................32
Stockholders; Contractual Relationship; Quorum (2009)................................................33
Stockholders; Preferred Shares (2013)...........................................................................34
Trust Fund Doctrine (2007) ..........................................................................................35
Ultra Vires Acts (2009)...................................................................................................35
Credit Transaction
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JayArhSals
Insurance Law
Beneficiary; Death of Insured Due to Beneficiary (2008)................................................45
Concealment; Material Concealment (2013) ..................................................................45
Insurable Interest; Building Destroyed by Fire (2010)....................................................46
Insurance; Double Insurance, Validity (2012).................................................................47
Insurance; Perfection of Insurance Contracts (2009)......................................................47
Insurance; Property Insurance; Assignments (2009).......................................................48
Insurance; Property Insurance; Late Payment of Premiums (2010).................................49
Insurance; Property Insurance; Payment of Premiums by Check (2007).........................50
Insurance; Property Insurance; Payment of Premiums even after Loss (2013)................51
Insurer: Effects: Several Insurers (2008)........................................................................51
Intellectual Property
Agreements: Technology Transfer Agreements; Requisites & Prohibitions (2010)...........52
Article of Commerce; As Trademark, Patent & Copyright (2010)....................................53
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JayArhSals
Copyright (2013)...........................................................................................................54
Copyright; Commissioned Artist (2008).........................................................................54
Copyright; Commissioned Work (2008)..........................................................................56
Copyright; Infringement (2007).....................................................................................57
Denicola Test (2009)......................................................................................................57
Infringement; Claims (2010) .........................................................................................58
Infringement; Trademark, Copyright (2009)...................................................................59
Patent: Non-Patentable; Method of Diagnosis & Treatment (2010)..................................60
Trademark; Unfair Competition (2010)..........................................................................61
Letters of Credit
Independence Principle (2010) ......................................................................................61
Letter of Credit (2012) ..................................................................................................62
Letter of Credit; Liabilities of a Confirming and Notifying Bank (2008)..........................63
Maritime Commerce
Averages: Types (2010) .................................................................................................64
Barratry (2010) .............................................................................................................64
Carriage of Goods; Deviation; Liability (2009) ...............................................................65
Carriage of Goods; Implied Warranty; Liability (2010)....................................................65
Carriage of Goods; Indemnity; Jettisoned Goods (2010).................................................66
COGSA; Prescription of Claims/Action (2010)................................................................67
Liability; Loss; Fortuitous Event (2008) ........................................................................67
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JayArhSals
Securities Regulation
Howey Test (2009).........................................................................................................77
Insider Trading (2013) ..................................................................................................77
Insider Trading (2008) ..................................................................................................78
Investment Contract; Procedure (2010) ........................................................................79
Margin Trading Rule (2009) ..........................................................................................80
Securities; Exempt Securities (2009) ............................................................................80
Securities; Selling of Securities (2009) ..........................................................................81
Tender Offer (2010) ......................................................................................................82
Transportation Law
Carriage; Breach of Contract (2008) ..............................................................................83
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JayArhSals
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General Principles
Presumption:
Habitually
Engaging
JayArhSals
in
Commerce (2009)
commercial
operation.
Text
Banking Law
Banks;
Substitutes (2010)
of
Deposit
are
alternative
forms
of
acceptance
of
debt
other
vs.
endorsement,
SUGGESTED ANSWER:
legal
Deposits
Commerce,
Bank
whatsoever
an
of
receivables
These
and
instruments
other
may
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JayArhSals
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
against
deposit
and lessee.
of
the
SUGGESTED ANSWER:
any withdrawal;
operation;
Appeals, supra).
their
deposits
and
One
of
the
purposes
money supply.
Banks;
Deposit:
Safety
Deposit
Box,
Banks;
Money
Laundering:
Predicate
Crimes (2007)
of
bailment
bailee
for
SCRA
CA
and
the
(1993);
hire
bailor,
mutual
24
being
and
Agro-Industrial
of
Republic
Act
No.
6425,
as
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amended,
otherwise
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known
as
the
JayArhSals
and
murder,
Revised
as
Penal
defined
Code,
under
as
the
amended,
as amended;
against
similar targets;
non-combatant
persons
and
(13)
Fraudulent
practices
and
other
otherwise
illegal
gambling
under
Presidential
known
as
the
securities
under
Article
315
of
the
On
December
4,
2003,
RED
Bank
extra
judicially
foreclosed
the
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JayArhSals
SUGGESTED ANSWER:
possibly
No, RED Corporation has lost its right to
redeem the property. Juridical persons
continue
incurring
in
substantial
business
without
losses
to
its
to
redeem
the
property
until
Banks;
Insolvency;
Actions
of
the
Maharlikang
Corporation
(MPBC)
Pilipino
operates
Banking
several
is
no
requirement
that
an
on
its
business
due
to
its
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JayArhSals
SUGGESTED ANSWER:
amended).
discretion
amounting
to
lack
or
liquidation
or
No.VIII.
Due
to
growing
financial
No. 7653).
(10%)
Explain. (2%)
SUGGESTED ANSWER:
Manuel
can
recover
P500,
000.00,
time
deposit
and
current
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
False.
receiver
Estate
Manila
(Abacus
Development
Banking
Real
Center,
Inc.
v.
Corporation,
455
SCRA
97
During
receivership,
the
(2005)).
the
Granting
new
loans
and
SUGGESTED ANSWER:
No, the exclusive options granted to the
investors, having been entered into by
one
without
authority
unenforceable.
The
to
bank,
do
so,
is
therefore,
No.III.
7653,
the
be
its
New
properties
Central
of
administered
Z
for
Bank
Bank
the
Act,
should
benefit
of
From
his
first
term
organization
in
2007,
non-governmental
whose
Bank Act).
Banks;
Receivership;
Prohibited
Transaction (2009)
SUGGESTED ANSWER:
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JayArhSals
Money
Laundering
Act;
Republic
v.
2006).
and
the
other
transactions
congressmans
bank
accounts.
SUGGESTED ANSWER:
bank
Ombudsman
deposits
of
public
may
order
officer,
the
the
bank
SUGGESTED ANSWER:
because
not
Comprehensive Dangerous
crimes
hijacking
Republic
arson,
and
Act
involved
other
No.
murder,
Drugs Act,
violations
6235,
and
are
of
destructive
terrorism
and
litigation.
Ombudsman
is
Investigation
not
by
considered
the
as
pending
litigation
to
allow
the
Anti-Money
Laundering
Council
and
other
transactions
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Page 15 of 173
Banks;
Single
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Borrowers
Limit;
loan
was
Million.
JayArhSals
secured
by
essentially
character,
the
indivisible
mortgage
cannot
in
be
Celestial
Properties
that
it
Properties
countered
that
the
the
2000).
power
to
invest
in
non-allied
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JayArhSals
SUGGESTED ANSWER:
of 1995).
credit;
(3)
discount
promissory
notes,
and
drafts,
negotiate
bills
of
SUGGESTED ANSWER:
general
rural
bank
to
is
the
one
people
established
of
the
to
rural
by
the
Monetary
Board
SUGGESTED ANSWER:
Cooperative
provide
financial
SUGGESTED ANSWER:
conditions
and
Philippines).
them
in
outlets
credit
to
investing
and
Code
(Section
services
100,
Rep.
to
Act
services,
industry
and
and
allied
market
for
and
small
services
for
its
constituencies
and
medium
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JayArhSals
creditor
to
interests,
disclose
charges
in
and
detail
other
the
figures
would
not
conducted
by
Venezia.
(2007)).
course
of
trade
and
the
regular
(2010)
chain
with
outlets
in
Makati,
fixtures
and
other
assets
to
its
competitor.
(A) Venezias Manila outlet constitutes onethird of its total business. Should it comply
would
it
need
to
comply
with
the
SUGGESTED ANSWERS:
For the same reasons stated in the
SUGGESTED ANSWER:
Venezia
need
not
comply
the
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JayArhSals
SUGGESTED ANSWER:
SUGGESTED ANSWER:
transfer,
mortgage,
or
assignment
(2009)
under
receiver
has
judicial
the
receivership.
option
to
sell
The
or
of
its
cargo
transport
services.(5%)
Under
either
option,
the
requirements
SUGGESTED ANSWER:
No. the transaction is not covered by the
provisions of the Bulk sales law, Bulk
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Page 19 of 173
sales
law
applies
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only
to
retail
apply
to
manufacturers.
Corporation
is
engaged
manufacturing
bank
of
the
business
Phil.
V.
in
X
the
(Development
Judge
of
the
JayArhSals
When the
Bulk Sales
Law is
ALTERNATIVE ANSWER:
YES, the transaction is covered by the
Bulk Sales Law because it involves the
sale of substantially all the equipment
used in the business of X corporation
(Sec. 2 Bulk sales law)
complied
with,
considered
as
void
even
and
being
the
sale
fraudulent
when
coupled
is
and
with
liabilities
arising
from
the
Corporation Law
SUGGESTED ANSWER:
BOD; Conflict of Interest; Ratification
To effect a valid sale. X corporation
(2008)
and
Corporation
names
of
their
all
its
maturities.
creditors,
X
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Page 20 of 173
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Paolo to Pedro.
execute
them
on
behalf
of
said
No.VI. X is a Filipino immigrant residing in
company.
On the other hand, if the contracts were
duly approved by the Board of Directors
of the office building company with
Paolo
duly
designated
as
company
unless
all
the
following
Filipinos,
with
representative.
CCC
Corporation
foreign
corporation
Philippine
domestic
KKK
authorized
registered
Securities
Commission.
as
and
with
(100%)
a
the
Exchange
Corporation
corporation
is
is
Filipino
subscribers? (2%)
was
not
necessary
for
the
SUGGESTED ANSWER:
the circumstances.
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Page 21 of 173
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JayArhSals
subscribers.
any? (2%)
SUGGESTED ANSWER:
are
not
the
capital
stock
of
the
Incorporation while
of
the subscribers, as
subject
to
the
same
could
be
persons;
either
and
natural
fifteen
more
to
Regulation Code).
general
application
Dummy
Law
than
cannot
fifteen
the
juridical
of
incorporators
third,
or
number
exceed
(subject
which
(e.g.,
the
applies
Antito
all
nationalized
(2%)
above
and
Accordingly,
SUGGESTED ANSWER:
in
businesses).
any
nationality
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 22 of 173
(E)
Who
can
be
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appointed
Corporate
Secretary? (2%)
Corporation
JayArhSals
automatically
dissolve
or
SUGGESTED ANSWER:
SUGGESTED ANSWERS:
The Secretary is required to be both a
resident and a citizen of the Philippines
No,
the
sale
of
all
the
assets
and
of
to
at
separate
the
existence
terminate
least
its
two
of
former.
corporate
thirds
approval
the
by
of
existence
the
the
total
Monetary
Board.
(B) What are the legal requirements in order
SUGGESTED ANSWERS:
to
BBB
Banking
Corporation
of
all
depositors
of
AAA
corporation
may
be
dissolved
Corporation.
of
AAA
Corporation
to
BBB
Banking
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Page 23 of 173
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JayArhSals
the
certificate
of
registration
of
provided
SUGGESTED ANSWER:
by
law,
including
the
its
charter.
The
Corporation
Law (2008)
private
corporation.
What
the
general
is
Power
(NPC
National
chartered
provisions
of
the
of
Directors
of
private
The
provisions
Corporation
Code
are
government
corporations
of
the
applicable
to
only
in
suppletory manner.
general
law,
provide
for
the
corporations.
government
owned
It
or
is
only
controlled
established
through
special
charters.
sized
of
Phil.
December 1990).
the
Constitution
(NDC
v.
restaurant
business
that
will
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Page 24 of 173
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JayArhSals
as
the
legal
disadvantages
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Dianne
will
using
separate
for
its
corporation,
set
her
up
and
separate
If
of
advantages
restaurant business.
liability
SUGGESTED ANSWER:
Every director must own at least one
share
his
situation
corporation,
in
the
case
of
single
proprietorship.
of
the
name
directors
If
Dianne
will
form
separate
on
and
must
Philippines
capital
stock
of
the
the
books
of
the
majority
of
the
residents
of
the
be
(Section
25
of
the
Corporation Code).
single proprietorship.
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Page 25 of 173
Derivative
Suit;
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Expiration
of
Term
SUGGESTED ANSWER:
The remaining directors cannot elect
(2013)
In
JayArhSals
2012,
two
(2)
of
Greenville
directors
to
fill
in
the
two
stockholder,
must
be
the
new
of
Greenville
on
intra-corporate
controversy
Corporation.
improper.
No.II. Atlantis Realty Corporation (ARC), a
Rule on the issues raised. (8%)
local
firm
engaged
in
real
estate
Page 26 of 173
assetsa
three-hectare
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land
valued
at
JayArhSals
SUGGESTED ANSWER:
by
stockholders
filed
stockholder
in
who
the
against
are
other
officers
Regional
Trial
and
Court
(3%)
SUGGESTED ANSWER:
No. The suit will not prosper. There is no
no
SUGGESTED ANSWER
remedies.
exhaustion
of
administrative
Dividends;
Declaration
of
Dividends
(2009)
who
only
are
supposed
to
protect
the
be
declared
out
of
unrestricted
19 Phil. 82 (1991)).
SUGGESTED ANSWER:
True. Dividends on shares of stock of a
out
of
unrestricted
retained
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Page 27 of 173
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JayArhSals
retained
earnings.
Declaration
of
Dividends
(2009)
Corporation
such
issued
to
Paterno
eight
redemption,
the
option
and
Dividends;
of
Dividends
(2008)
No.XIV. Ace Cruz subscribed to 100,000
shares
of
stock
of
JP
Development
and
Declaration
provided
in
the
stock
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Page 28 of 173
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SUGGESTED ANSWER:
Ace Cruz is entitled to be paid each cash
dividends to the entire 100,1000 shares
subscribed, and not only to the paid-up
portion thereof. The legal character of
being a stockholder, and therefore the
entitlement
to
all
JayArhSals
the
rights
of
to
him
the
stock
certificate
Ace
Cruz
cannot
compel
JP
stock
dividends
corporation
out
of
may
the
declare
unrestricted
Subscription
is
one,
entire
and
be
stockholder
Certificate
remitted
divided
into
is
of
not
Stock
the
full
portions.
entitled
The
to
until
he
has
amount
of
his
Corporation.
But
any
cash
dividends
due
on
by
F,
the
the
general
Board
of
manager,
approved
Directors.
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JayArhSals
American
promised
firm
incurred
damages.
The
supplies
contrary
to
the
F.
transaction? (2%)
(D) Explain the rules on liabilities of a
SUGGESTED ANSWERS:
and
corporation
Board
acting
of
Directors
in
behalf
of
of
a
the
corporation. (4%)
SUGGESTED ANSWERS:
SUGGESTED ANSWERS:
of
and
the
General
Manager
incorporation
and
by-laws
of
the
the
directors
have
personality
SUGGESTED ANSWERS:
capacity
because
he
knowingly
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Page 30 of 173
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to
the
corporation,
its
solidarily
liable
with
the
JayArhSals
SUGGESTED ANSWER:
I would sue Nelson, as the person who
owned
and
controlled
Contruction
Company,
doctrine
piercing
of
corporate
fiction.
Sonnel
under
the
veil
Although
the
of
a
stockholder-officer
wrong committed.
No.X. Nelson owned and controlled Sonnel
Construction
company,
Company.
Nelson
Acting
for
contracted
the
the
protective
net
atop
the
company
proceeded
with
the
be
held
liable
for
damages
Page 31 of 173
hectorchristopher@yahoo.com
held
liable
negligence.
for
would
the
contractors
also
argue
that
of
without
showing
fraud
separate
juridical
or
clear
evidence
disrespect
of
the
personality
of
the
JayArhSals
stockholders
arranged;
unpaid
the
on
alphabetically
installments
all
stocks
paid
for
or
which
payment
of
any
installment,
SUGGESTED ANSWER:
other
entries
as
the
by-laws
may
use
extraordinary
diligence
in
motor
vehicle
has
been
No.VII.
In
stockholders
meeting,
voting
shares
Thereafter,
to
non-voting
submitted
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 32 of 173
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JayArhSals
SUGGESTED ANSWER:
Appraisal
right
of
stockholder
the
stockholder,
is
who
to
the
right
dissents
withdraw
from
from
structure
(Section
81,
Corporation
Code).
with
the
Securities
and
Exchange
Reason briefly?
SUGGESTED ANSWER:
No,
cannot
appraisal
exercise
in
this
the
case.
right
of
When
issued
SUGGESTED ANSWER:
new
appraisal
stock
right
of
certificates,
S
ceased,
and
the
T
contractual
S to T constitutes an abandonment of
the
corporation
Code).
relationship
stockholders,
and
and
the
between
between
the
the
stockholders,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 33 of 173
v.
Court
of
Appeals,
hectorchristopher@yahoo.com
454
SCRA
54
(2005)).
JayArhSals
the
issued
and
outstanding
(3%)
SUGGESTED ANSWER:
A quorum consists of the majority of the
common
incorporation.
33
and
transfer
This
includes
book,
there
the
being
no
shares.
suit
was
filed
meeting
SUGGESTED ANSWER:
(Section
52
in
Relation
to
v.
court
of
Appeals,
454
SCRA
54
(2005)).
should
not
constitutional
exceed
40%.
requirement
Filipino ownership
of
Since
the
of
60%
the capital
of
Exchange
authorized
Commission.
Its
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 34 of 173
hectorchristopher@yahoo.com
JayArhSals
(3%)
SUGGESTED ANSWER:
Under Section 45 of the Corporation
Code, no corporation shall possess or
exercise any corporate power except
those conferred by the Code or by its
SUGGESTED ANSWER:
capital
other
equity in
powers
stock,
properties
trust for
and
the payment of
set
out
in
its
articles
of
ultra vires.
SUGGESTED ANSWER:
enters
stock
instances
Code
Environmental
except
only
(Boman
in
into
contract
without
the
vires.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 35 of 173
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to
(C) the corporate officers
nullify
JayArhSals
the
foreclosure
and
the
SUGGESTED ANSWER:
When a corporate officer enters into a
SUGGESTED ANSWER:
Credit Transaction
P3-million
from
Bernardo,
and his 2007BMW sedan, valued at P2million. The mortgage on the shares of
SUGGESTED ANSWER:
The mortgage on the shares of stock
should
be
registered
in
the
chattel
of
Makati
City
where
the
(1935)).
Registration
of
chattel
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 36 of 173
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JayArhSals
shares,
to
of
and
mortgages
has
and
no
application
other
forms
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes.
Bernardo
can
recover
the
remedies
available
to
pursue.
waiver
of
the
chattel
Page 37 of 173
hectorchristopher@yahoo.com
JayArhSals
Mortgages
given
advancements
to
are
secure
valid
future
and
legal
(2012)
house
in
Tagaytay
City.
The
will
secure
the
payment
SUGGESTED ANSWERS:
of
instituted
extrajudicial
foreclosure
proceedings.
clause
or
an
anaconda
clause.
continuous
mortgage
dealings,
with
the
dragnet
nature
or
expense
and
inconvenience
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 38 of 173
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JayArhSals
security
saving
Alviar, id.)
documents,
thereby
and X defaulted.
to
the
Court
mortgagor
adopted
the
for
which
reliance
on
the
SUGGESTED ANSWER:
only
Act 3135)
be
for
the
other
loans
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 39 of 173
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JayArhSals
same.
to BBB
and
Bank,
and
it
becomes
final
SUGGESTED ANSWER:
Yes, X could redeem the property within
one (1) year from the date of registration
of the sheriffs certificate of foreclosure
sale.
(F) If SSS Bank and BBB Bank abandon
their rights under the real estate mortgage,
is there any legal recourse available to
them? (1%)
SUGGESTED ANSWER:
SSS Bank and BBB Bank could each file
an ordinary action to collect its loan
from X.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 40 of 173
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JayArhSals
pledge
of
Marquezs
shares
in
the
shares
of
Marquez
and
recover
the
(2%)
The corporation defaulted and the bank
SUGGESTED ANSWER:
the
foreclosure
extinguishes
the
SUGGESTED ANSWER:
Recovery
institute
real
action
to
Under
SUGGESTED ANSWER:
the
Insolvency
law
necessary
(1)
Debts
due
for
personal
services
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 41 of 173
laborers,
or
hectorchristopher@yahoo.com
domestic
immediately
servants
preceding
commencement
of
the
proceeding
JayArhSals
Philippine
Islands
(Section
50,
Insolvency Law).
in
insolvency;
corporation above?
SUGGESTED ANSWER:
whose
Numbered
Thirty-eight
hundred
and
debts
are
duly
preference
whatsoever
Numbered
Insolvency
Law;
Eighteen
hundred
and
proved
(Section
Article
2251,
and
49,
Civil
Code).
Legal
expenses,
and
expenses
Proceeding;
estate
for
the
common
SUGGESTED ANSWER:
Yes, when a distressed corporations
petition
for
insolvency
has
been
any
province
or
provinces
of
the
Philippine Islands;
2007,
and
Sec.
5[d],
Securities
Regulation Act).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 42 of 173
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JayArhSals
only
the
sufficient
in
cases
where
corporation**possesses
property
to
cover
all
its
debts
but
already
of
is
Rehabilitation.
under
the
management
of
acquired
jurisdiction
Procedure
for
over
Corporate
created
pursuant
to
this
Decree.
porprio
or
upon
the
Receiver,
without
proceedings
the
minimum
that
the
debtor
is
terminate
the
proceedings,
proceeding
different
petition
fall
with
for
to
insolvency
the
general
equity
proceedings. (2%)
in
corporate
rehabilitation
SUGGESTED ANSWER:
(B) Can the corporation file a petition for
rehabilitation first, and after it is dismissed
file a petition foR insolvency? Why? (2%)
SUGGESTED ANSWER:
receiver,
then
all
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 43 of 173
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JayArhSals
them
ahead
of
the
others.
This
is
all
pending
corporation
claims
under
against
the
receivership
SUGGESTED ANSWER:
Yes, As an exception to a Stay or
Suspension
Order
included
in
165675,
Ruby
20 January 1998).
30
September
2005:
the
enforcement
of
claims
against
by
the
Court,
(1) staying
issuers
of
letters
of
credit
xx.
Corporate
Rehabilitation
(2008)
against
letters
of
credit
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 44 of 173
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Insurance Law
JayArhSals
Concealment;
Material
Concealment
(2013)
Beneficiary; Death of Insured Due to
Beneficiary (2008)
secured
life
insurance
from
SOS
Benny
Rivera,
his
adopted
daughter,
as
the
named
his
children
as
his
ascertained
that
Gemma
Rivera
The
insurance
company
denied
the
of
Antonio
Rivera?
Discuss
with
reasons.(4%)
been
diagnosed
to
be
suffering
from
SUGGESTED ANSWER:
premiums paid.
SUGGESTED ANSWER
The
rescinded
proceeds
not
was
the
hypertension,
otherwise
of
said
insurance,
disqualified.
if
Thus,
insurance
company
the
policy
suffering
and
correctly
because
from
of
diabetes,
hepatoma.
The
insured.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 45 of 173
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Globe
Fire (2010)
Company
for
P10
million,
he
had
been
storing
As
919
(1955)).
Armando
insurance
Fire
Insurance
policies
contain
Company,
30
Phil.
617
Company
from
liability
to
cannot
from
Company,
Second
this
Insurance
amount
should
be
SUGGESTED ANSWER:
Insurance
Rutgers
Second
fire
&
JayArhSals
Armando
can
only
collect
the
it
paid,
because
it
became
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 46 of 173
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JayArhSals
SUGGESTED ANSWER:
(2012)
Yes. If X obtained an open policy then
No.V X borrowed from CCC Bank. She
she
could
claim
corresponding
to
the
an
amount
extent
of
the
answer. (3%)
SUGGESTED ANSWER:
damage
but
not
to
exceed
the
answer. (3%)
SUGGESTED ANSWER:
Yes, X and CCC Bank can both insure the
Insurance;
Contracts (2009)
interest
therein.
X,
the
borrower
interest
in
the
has an
house
as
mortgagee thereof.
claim
proceeds? (4%)
Antarctica
Corporation
(ALAC)
of
Insurance
Life
Assurance
publicly
offered
be
afflicted
with
serious
and
No.IV.
Perfection
for
the
insurance
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 47 of 173
Quirico
then
requested
hectorchristopher@yahoo.com
ALAC
for
JayArhSals
the
to
raise
funds
to
pay
the
insurance
60
policy.
Insurance;
Property
Insurance;
Assignments (2009)
not? (2%)
No.XIII.
Ciriaco
leased
commercial
SUGGESTED ANSWER:
apartment
Quirino
who
disclosed
that
he
was
from
Supreme
Building
18.xxx
The LESSEE
against
fire
insured.
the
shall
chattels,
not
insure
merchandise,
contract
between
Quirico
and
ALAC?
Explain. (3%)
SUGGESTED ANSWER:
Notwithstanding
the
stipulation
in
the
issued.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 48 of 173
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JayArhSals
out
inside the
leased
premises,
On
April 10,
2010,
Insurance
funds.
Upon
notification,
contract.
Enrique thereupon claimed indemnity from
Who is
legally
entitled to
receive the
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Ciriaco
is
entitled
to
receive
the
additional
funds
with
the
Property
Insurance;
Late
Enrique
Insurance
obtained
Company
from
Seguro
comprehensive
ALTERNATIVE ANSWER:
Page 49 of 173
hectorchristopher@yahoo.com
JayArhSals
of the insurance.
Yes,
recovery
under
the
insurance
15-day
credit
within
which
pay
the
of the Philippines).
(10%)
Reason briefly in (a), (b) and (c).
(A) May Alfredo recover on the insurance
SUGGESTED ANSWER:
policy?
check
which
was
accepted
by
the
be
sufficient.
The
subsequent
of
Insurance
the
check
Co.,
Inc.
(UCPB
v.
General
Masagana
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 50 of 173
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St.
other;
SPMC
secures
the
facilities
from
SIC.
The
standing
Peter
JayArhSals
stable
Manufacturing
Insurance
Company
Company.
is
Stable
Company
to
pay
the
Company
is
in
estoppels
307, 2001).
No.VII.
notice of loss.
against
Terrazas
fire
de
with
Patio
three
(3)
Verde,
insurance
responded
by
issuing
its
own
risk
with
three
insurance
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 51 of 173
companies
is
recognized
hectorchristopher@yahoo.com
double
under
in the proportion of
130421,
June
93
1999,
of
the
28
Sec.
insurance,
JayArhSals
the
court
60% (Southern
insurance
clause
in
fire
Intellectual Property
Agreements:
Technology
Transfer
(2010)
required
can
in
all
technology
transfer
agreements? (2%)
SUGGESTED ANSWER:
Insured
recover
from
Eastern
SUGGESTED ANSWER:
if
the
policy
contains
an
other
enforceable.
technology
The
law
prohibits
double
or
over-
shall
be
made
available
In
case
it
shall
provide
for
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 52 of 173
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JayArhSals
Commission
on
International
Article of
Commerce; As Trademark,
(ICC)
of
shall
apply
and
the
venue
SUGGESTED ANSWER:
(4) The Philippine taxes on all payments
relating
can
to
the
technology
transfer
be
registered
as
trademark
or
model
for
articles
of
can
be
copyrighted
manufacturer
prohibited
in
technology
transfer
agreements. (3%)
SUGGESTED ANSWER:
of
the
Intellectual
Property
Code).
Those
that
contain
restrictions
production;
(2)
Those
competitive
that
prohibit
technologies
the
use
in
of
non-
to
bear
registered
most,
or
some
part
of
it
name
of
the
publisher
or
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 53 of 173
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JayArhSals
Copyright (2013)
from
Bernie
who
represented
as
provided
in
the
Explain (8%).
Rudy owns the copyright to the painting
because he was the one who actually
(Section
California
record
company,
Galactic
SUGGESTED ANSWER.
it.
created
National
178.1
of
the
By
2002,
Moeha
Warm
was
nearing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 54 of 173
over
Warm
Warm
Honey
hectorchristopher@yahoo.com
to
Galactic
JayArhSals
IPC).
of
commissioned
his
death,
and
although
work
he
shall
was
have
contrary.
Films.
answers. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 55 of 173
Films,
it
commissioned
hectorchristopher@yahoo.com
the
remixed
JayArhSals
work.
Enterprises.
Under
Sec.
Intellectual
Property
172
of
Code,
the
original
moment
of
include
those
newly-established
which
newspaper
of
their
creation
in
and
shall
periodicals
and
Manila
publication
which
was
owned
by
New
Media
Enterprises.
Eloise
of
newspaper.
wants
her
Name
to
prevent
columns
one
in
the
that
irrefutable
legal
Media
SUGGESTED ANSWER:
Under
Enterprises
the
IPC,
from
the
including
copyright
her
or
reproduction
of
the
work,
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 56 of 173
sale
or
other
forms
hectorchristopher@yahoo.com
of
transfer
JayArhSals
of
anthology.
Diana
and
Piolo
are
famous
messages
that
Diana
and
Piolo
liable
for
copyright
infringement?
is
infringement.
of
the
provision
of
the
liable
Letter
for
are
copyright
among
the
the
SUGGESTED ANSWER:
Yes,
Property
Code;
Columbia
constitutes
infringement
of
copyright.
ALTERNATIVE ANSWER
No, Greg is not liable for copyright
infringement.
There
is
no
copyright
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 57 of 173
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JayArhSals
SUGGESTED ANSWER:
grounds,
Brandir
International,
Inc.
v.Cascade
violation
of
her
intellectual
SUGGESTED ANSWER:
Monaliza
held
aesthetic
the
that
if
there
utilitarian
is
any
elements,
then
the
cannot
sue
Valentino
for
(Tolentino,
be asked.)
Commentaries
and
While
vacationing
in
Boracay,
sued
Francisco
for
infringement
and
cannot
sue
Francesco
for
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 58 of 173
hectorchristopher@yahoo.com
JayArhSals
sold
the
retained
only
magazine;
the
photographs
however,
he
to
still
wearing
has
cause
of
action
against
Lacoste
shirt
alongside
the
Sonny
sees
the
Lacoste
SUGGESTED ANSWER:
Trademark,
Copyright
(2009)
Sonny
Bachao
infringement
cannot
of
sue
trademark.
photographs
met
by
thousands
of
him
The
Airport
showing
for
wearing
hero-
photographs; (2%)and
SUGGESTED ANSWER:
Sonny
infringement
Bachao
of
cannot
copyright
sue
for
for
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 59 of 173
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JayArhSals
Philippines
without
against
administrative
before
license
our
tribunal
to
courts
(De
Joya
do
or
v.
the
newspaper
the
photographs
(Section
177,
Patent:
Non-Patentable;
Method
of
commercials. (2%)
SUGGESTED ANSWER:
the
IPC
and
Art.169
in
relation
to
how? (4%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Philippines.
Section
Moreover,
under
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 60 of 173
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JayArhSals
SUGGESTED ANSWER:
Property
importation
has
the
right
to
prevent
its
parallel
patent
Intellectual
importation.
patented
The
the
of
Code).
(Subsection
Property
product
76.1
Code).
of
the
can
is
correct.
His
rights
under
his
Letters of Credit
competition
(Del
Monte
governing
letters
of
credit.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
validly
with
the
credit
obligations
are
of
independent
of
the
the
to
the
parties
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 61 of 173
underlying
hectorchristopher@yahoo.com
transaction.
the
must
or
existence
be
paid
of
by
Thus,
JayArhSals
the
dispute
issuing
between
the
Court.
SUGGESTED ANSWER:
the
For
may
independence
be
prevented
principle.
through
court
injunction.
was issued
(1) staying
to
by
the
Court,
the
buyer.
Once
the
credit
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 62 of 173
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Letter
required
shipping
documents
or
issuing
bank.
The
issuing
bank
issuing
bank
and
acquires
the
to
risk
of
Construction
Corp.
will
pay
period,
PT
Construction
Corp.
(3%)
known
SUGGESTED ANSWER:
letters
of
Liabilities
standby
the
Credit;
non-
as
reduce
of
JayArhSals
of
credit.
Hydro
Corporation,
et
al.,
G.R.
No.
the
two
companies.
The
Bank
is
In
FEATI
Bank
v.
Court
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 63 of 173
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JayArhSals
seller-beneficiary.
SUGGESTED ANSWER:
PT
Construction
Corp.
The
arrangement
that
did
not
deliberately
caused
to
save
the
of
credit
does
not
involve
Barratry (2010)
Maritime Commerce
Court, supra).
Page 64 of 173
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JayArhSals
entitles
(2009)
No.VII.
Global
Transport
Services,
Inc.
laden
10,000
with,among
television
sets
other
goods,
consigned
to
Philippine
realized
that
territory,
MV
Dona
the
captain
Juana
would
him
to
compensation
or
in
general
average
loss,
jettison
of
Romualdos
TV
sets
from
Manila
Constantino
accepted
to
the
Nagoya.
offer,
not
crew
with
deep-seated
Page 65 of 173
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JayArhSals
Goods (2010)
vessel sank.
tried
to
collect
from
the
precious cargo.
SUGGESTED ANSWER:
(A) Is the insurance company liable? Why or
SUGGESTED ANSWER:
The insurance company is not liable,
because there is an implied warranty in
every marine insurance that the ship is
seaworthy whoever is insuring the cargo,
whether it be the ship-owner or not.
was
irresponsible.
It
is
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 66 of 173
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JayArhSals
as
defense
under
the
Explain. (3%)
SUGGESTED ANSWER:
one-year
the
were
or
Explain. (3%)
SUGGESTED ANSWER:
prescriptive
delivered
in
period
in
damaged
were
present:
(1)
the
and
(3)
extraordinary
the
carrier
diligence
in
exercised
order
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 67 of 173
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JayArhSals
during
(See
02 May 2006).
and
after
the
typhoon
October 1997;
October 1991).
(3%)
case
SUGGESTED ANSWER:
of
maritime
transactions,
the
SUGGESTED ANSWER:
When the vessel is not seaworthy, it is
an
exception
principle
in
to
the
maritime
hypothecary
commerce.
To
of
proving
that
the
discharge
precludes
such
application
heavy
of
the
burden
limited
Forged
Checks;
Liability
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 68 of 173
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JayArhSals
payment.
Bank (2010)
SUGGESTED ANSWER:
of
endorsement is
not
to
the
drawers
Marlon,
was
deposited
in
Ingrids
discharged
on
the
placement
and
discovers
the
foregoing transactions.
instrument?
Why? (2%)
SUGGESTED ANSWER:
YAMAHA
Bank.
Discuss the
respective
Pancho.
SUGGESTED ANSWER:
Since the money market placement of
Marlon is in the nature of a loan to Lyric
Bank, and since he did not authorize the
release of the money market placement
to Ingrid, the obligation of Lyric Bank to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 69 of 173
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the
irrevocably
JayArhSals
ASSIGNOR
unconditionally
agrees
to
pay
the
and
same,
bearing
the
forged
indorsement
of
When
the
checks
became
due,
BFC
payment
dishonored
stopped,
account
checks,
and
under
demanding
dishonor
executed
Receivables.
received
from
Deed
of
Assigning
various
Assignment
fifteen
of
(of
the
checks);
and
(b)
checks
customers
who
SUGGESTED ANSWER:
No. Gaudencios defenses are untenable.
stipulation:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 70 of 173
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JayArhSals
the day.
pay
and
was
signed
by
the
maker,
Instruments Law).
SUGGESTED ANSWER:
False.
loss.
Negotiability (2013)
No.I.
Antonio
issued
the
following
instrument:
sum
certain
in
money,
P1OO,OOO,OO
Sixty days after date, I promise to pay
2013
Instruments Law).
(Section
4(a)
of
Negotiable
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 71 of 173
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there
Instruments Law).
are
JayArhSals
no
specify
90-day
whether
treasury
the
bills
so-called
Negotiability (2012)
promissory
note is negotiable or
non-
negotiable.
(A)
promise
to
pay
or
bearer
SUGGESTED ANSWER:
Not
negotiable.
is
no
fund,
i.e.,
the
inheritance
maturity.
(See,
among
other,
www.treasury.gov.ph/govsec/aboutsec.h
tml)
(C) I promise to pay A or bearer the sum of
Php100,000 if A passes the 2012 bar
exams. (2%)
negotiable.
SUGGESTED ANSWER:
Not negotiable. The promise to pay is
subject to a condition, i.e., that A will
SUGGESTED ANSWER:
Not
is
no
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 72 of 173
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JayArhSals
requirements
of
negotiability
under
Section 1, NIL.
(B) Does S have a cause of action against R
(E) I promise to pay A or bearer the sum of
Php100,000. (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
of
negotiability
under
Negotiable
Instruments;
Illicit/Illegal
Consideration (2007)
No.I. R issued a check for P1m which he
used to pay S for killing his political enemy.
(10%)
SUGGESTED ANSWER:
Yes, the check can be considered a
negotiable instrument even if it was
not
one
negotiable
of
the
requisites
instruments
of
(Section
a
1,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 73 of 173
Negotiable
hectorchristopher@yahoo.com
Instruments;
Illicit/Illegal
was
unaware
that
Barbara
is
Lorenzos paramour.
but
not
adversely
affect
the
for
JayArhSals
the
latter
thereto
for
value
(Sec.
24,
promptly
Negotiable
Instruments:
Incomplete,
Delivered;
Doctrine:
Comparative
Negligence (2008)
SUGGESTED ANSWER:
inasmuch
as
she
paid
value
officer
intending
to
defraud
the
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 74 of 173
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JayArhSals
Explain. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
but
delivered
instrument
The
doctrine
of
comparative
the
unconditional,
order
in
to
pay
compliance
is
with
How
would
you
decide
the
case?
Explain. (2%)
SUGGESTED ANSWER:
funds.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 75 of 173
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JayArhSals
SUGGESTED ANSWER:
X, the drawer, will be liable. As the
drawer,
engaged
that
on
due
(Sec.
61,
NIL).
No
notice
of
payment
against
subsequent
(B)
instrument.
the
SUGGESTED ANSWER:
cannot
hold
Y,
How
does
the
shelter
principle
Liable (2008)
Page 76 of 173
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Securities Regulation
JayArhSals
Coco
companys
file
planned
containing
corporate
the
financial
SUGGESTED ANSWER:
The Howey Test requires a transaction,
contract, or scheme whereby a person
makes an investment of money in a
common enterprise with the expectation
of profits to be
Products
company
could
no
longer
meet
its
funds
for
your
mothers
SUGGESTED ANSWER
The
with
constitute
unique
products
derived
from
sale
of
the
insider
shares
trading.
does
not
Although
communication
become a lawyer.
from
him.
He
just
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 77 of 173
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(A)
not
SUGGESTED ANSWER:
engage
in
unlawful,
dishonest,
planned
provision
of
the
Securities
shares
What
JayArhSals
corporate
rehabilitation.
Regulation
Code,
which
through
damages.
disclosure
proceedings.
The
disclosure
the
the
the
profits,
SUGGESTED ANSWER:
of
directors
the
and
information
key
officers
to
of
fall
within
the
definition
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 78 of 173
insider.
Subsection
hectorchristopher@yahoo.com
3.8
of
JayArhSals
the
enterprise,
others
(3)
with
(Power
expectation
Homes
of
Unlimited
Andante
Really,
marketing
SUGGESTED ANSWER:
registered
Exchange
with
Regulation
of
the
(2008)).
his
Business
Center.
Once
with
the
Securities
Commission
Section
of
Code
in
and
accordance
the
Securities
(Power
Homes
SUGGESTED ANSWER:
criminal
SUGGESTED ANSWER:
Yes.
The
constitutes
multi-level
an
investment
consequences
(i.e.,
upon
marketing
contract
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 79 of 173
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JayArhSals
market
price
(Section
Regulation Code).
48,
Securities
received
securities,
upon
on
purchased
the
(Sections
sales
or
57
Regulation
(ii)
and
of
damages
and
Code).
Securities
tender
such
securities,
the
the
73,
if
Securities
Furthermore,
Exchange
by
encouraging
clients
to
but
the
Commission
What
are
the
so-called
exempt
Code? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Under
Under
the
Margin
Trading
Rule,
no
Section
of
the
Securities
an
amount
greater
than
price
the
of
the
security
during
Page 80 of 173
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JayArhSals
authorized
content of disclosures;
timeshares.
the
duly
board;
trustee
in
bankruptcy
to
sell
securities,
including
of Oct.6, 1996.
own shares.
Is the contention of PPR correct? Explain
(Note: It is suggested that any two of the
(3%)
above
SUGGESTED ANSWER:
exempt
securities
should
be
question.)
requirements
under
Sec.
8of
batas
Corporation
(2008)).
Securities
and
Exchange
v.
Lao,
544
SCRA
254
Commission
ALTERNATIVE ANSWER:
out
therefore,
of
exempt
transactions,
requiring
registration,
and,
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 81 of 173
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JayArhSals
terms
offered
to
the
majority
stockholders.
Under the Securities Regulations Code
company
has
two
principal
acquisition
is
less
than
35%
Parent
Corporation
controlling
P60
million
pesos
with
210
listed
on
the
stock
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 82 of 173
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train
and
JayArhSals
that
it
was
SUGGESTED ANSWER:
50%.
However,
when
the
than
-51%
thresholds
for
not
guilty
of
it
failed
to
exercise
purchased
proceeded
to
the
his
ticket
designated
and
loading
Transportation Law
(Caltex
Lines,
Philippines,
Inc.,
G.R.
Inc.
No.
v.
Sulpicio
131166,
30
September 1999).
No.VIII. City Railways, Inc. (CRI) provides
train service, for a fee, to commuters from
Manila to Calamba, Laguna. Commuter are
required to purchase tickets and then
proceed
to
designated
loading
and
Page 83 of 173
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JayArhSals
SUGGESTED ANSWER:
(3%)
SUGGESTED ANSWER:
that
secures
negligent
passage
passenger
(Vda.
by
fraud,
is
De
nueca v.
not
Manial
the
collision
in
was
the
due
to
selection
the
and
breach
of
contract
of
carriage.
The
SUGGESTED ANSWER:
in
the
accompany the
the
conveyance
provided
driver while
by
he
was
Uriel
exempts
if
there
it
is
from
stipulation
liability
for
that
simple
Code).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 84 of 173
CTC
can
also
raise
hectorchristopher@yahoo.com
against
all
the
JayArhSals
planes
approach
and
undershot
the
own
v.Guinoo
driver
(Ampang
that
he
was
engaged
in
It
appears
from
the
Civil
Aeronautics
Since
UTI
had
no
pre-existing
Carriage;
Breach
of
Contract;
In
your
case
conference,
the
No.IX.
Fil-Asia
Flight
916
was
on
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 85 of 173
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JayArhSals
action? (5%)
SUGGESTED ANSWER:
reckless
failure
to
exercise
imprudence
resulting
in
extraordinary
Code).
1958).
negligence
in
the
selection
and
prosecution
imprudence
for
reckless
SUGGESTED ANSWER:
SUGGESTED ANSWER:
declared
or
made
known
before
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 86 of 173
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JayArhSals
to
recover
losses
and
damages
building.
ordered
SUGGESTED ANSWER:
arising
the
collision
entrustee
but
retains
ownership
briefly.
Code of Commerce).
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 87 of 173
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JayArhSals
Since
received
the
Construction
Bank
merely a collateral
security
is
receipt
for
inconsistent
the
with
loan.
a
trust
This
remains,
Trust
receipt
agreement
is
which
extinguish
the
principal
bank
(Landl
&
Company
[Phil.]
v.
2004).
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 88 of 173
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JayArhSals
though
transaction
operations.
the
parties
as
one
denominated
of
trust
the
receipt
the
without
extend
any
loan
significant
period
expired
payment
from
filing
of
estafa
pursuant
to
the
Receipts
Law;
Violation
imported
one
year
iron
before
pellets
the
he
trust
and
the
SUGGESTED ANSWER:
Delano
Trust
latter
as
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 89 of 173
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JayArhSals
bank
issued
letter
of
credit
upon
SUGGESTED ANSWER:
vehicles
intrust
for
BBB
Bank,
as
Law).
(B) Will the corporate officers of CCC Car,
Inc.
be
held
liable
under
the
Warehouse
Receipt:
Surrendering
of
SUGGESTED ANSWER:
possession thereof.
association,
or
other
SUGGESTED ANSWER:
True. A lien is dependent on possession.
When
warehouseman
surrenders
(Sec.29
(a),
Warehouse
Receipts Law).
offense.
warehousemen,
issued
negotiable
Page 90 of 173
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JayArhSals
to
Caloy
(Section
25,
issued
non-negotiable
warehousemen
issued
non-
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 91 of 173
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MULTIPLE CHOICE
JayArhSals
QUESTIONS (MCQ)
2013 Mercantile Law Exam
MCQ (October 20, 2013)
SUGGESTED ANSWER:
(D) Yes, because the execution of the
Deed of Assignment of Shares of Stock is
equivalent to a lawful pledge of the
shares
of
stock
(Lopez
v.
Court
of
the
covering
stock
certificates
and,
Conrad
loan
of
1.0
Million
that
was
also
sought
to
have
the
shares
in the name of
(1%)
(A) Yes, since the endorsement and delivery
(A)
No,
are
whose
pledgor.
intangible
because
shares
personal
of
stock
properties
of
unpaid subscription.
Assignment
of
Shares
of
Stock
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 92 of 173
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JayArhSals
SUGGESTED ANSWER:
concept
Civil
Code)
Conrad
cannot
just
concept
SUGGESTED ANSWER:
unpaid
subscriptions
because
under
Lists concept
You
replied
that
the
Philippine
national
covers
.(1%)
definition
under
FIA
of
91
foreign
investment
in
the
Philippines.
citizens
exactly
thrust
is
the
laws
essential
replied
reflects
that
FIA
91
essentially
. (1%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 93 of 173
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JayArhSals
SUGGESTED ANSWER:
Philippine
national
can
only
cover
SUGGESTED ANSWER:
considers
the
juridical
personality,
corporations
or
businesses
in
the
extent? (1%)
lifestyle
magazine
publication
equity
You
replies
that
an
export
oriented
up to 100% equity
that
up to 60% equity
.(1%)
SUGGESTED ANSWER:
(D)
Jeepney
manufacturing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 94 of 173
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JayArhSals
vote
at
the
annual
meeting
of
the
SUGGESTED ANSWER:
(D) 0 shares
unrestricted
earnings
provided
that,
1997)
of
approached
premium of 10%
Brian
for
the
sale of
Dennis
Brians car,
who
appeared
her.
shares.
(B) Corporations are not allowed to issue
(1%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 95 of 173
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JayArhSals
payable to him.
(SEC).
in Bumblebee Corp.
present.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(B)
SEC.
Gawsengsit
Corp.
is
not
doing
Singaporeans
and
officers
of
Gawsengsit Corp.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 96 of 173
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JayArhSals
(Rosario
Home
SUGGESTED ANSWER:
Textile
Bankers
(A)
properties
2011).
delinquencies
(B)
Anton
imported
perfumes
from
Corporation
Savings
and
v.
Trust
. (1%)
VIII.
Mills
By
By
purchase
at
levied
public
to
purchase
from
sale
satisfy
a
real
of
tax
estate
banks business
perfumes? (1%)
SUGGESTED ANSWER:
(B)
banks business; or
(C)
bank; or
event.
(Section
By
purchase
Through
36
from
dacion
(7)
and
real
en
62
estate
pago
(2)
of
in
the
Corporation Code)
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 97 of 173
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of
suspicious
or
JayArhSals
. (1%)
covered
transaction report
person
already
convicted
of
money
laundering
SUGGESTED ANSWER:
before it.
SUGGESTED ANSWER:
(E) In none of the above.
(Section
10
of
the
If
Anti-Money
Laundering Act)
the
term
latter
refers
to
the
proposal
. (1%)
certificate
approving
the
Articles.
corporations by-laws
corporate powers.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 98 of 173
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JayArhSals
Under
letter
(A),
to
include
other
because
Kaddafy
Benjelani
has
been
by-laws.
the
two years.
vote.
bonded
life.
This
will
indebtedness,
require
then
preferred
Under
Section
of
the
SUGGESTED ANSWER
be allowed to vote.
head.
Compaia
de
Sejunos
v.
Christern,
1951).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 99 of 173
hectorchristopher@yahoo.com
JayArhSals
Stay Order.
court.
MC.
SUGGESTED ANSWER:
rehabilitation.
advice is to
. (1%)
But
against
the
bank
Grant
STIs
claim,
Under
the
Worthsell
Shippers,
Inc.,
an
American
underlying
presentation
sufficient.
circumstances;
of
the letter
hence,
of
credit
the
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
SUGGESTED ANSWER:
What law will govern? (1%)
Act;
&Shipping
2002)
Belgian
N.V.
Overseas
v.
Chartering
Philippine
First
SUGGESTED ANSWER:
(A) Philippine law
(Article 1753, Civil Code)
(Eastern
Shipping
Lines,
Inc.
v.
XV.(2)
Assuming
Philippine law
to be
is
condition
precedent
for
recovery.
(B) Yes, provided he files the complaint with
10 years from delivery.
(C) Yes, provided he files the complaint with
10 years from discovery of the damage.
(D) Yes, provided he files the complaint
within 1 year from delivery.
(E) Yes, provided he files the complaint with
1 year from discovery of the damage.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
of
Credit
are
JayArhSals
financial
SUGGESTED ANSWER:
upon
payment.
Which
The
terms
of
the
the
Bill
of
Lading
of
the
SUGGESTED ANSWER:
to
reduce
the
risk
of
compliance
commercial
in
transactions
transaction,
where
it
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
funds
will
not
be
released.
4. AAA
JayArhSals
Carmakers
opened
an
Corporation
as
irrevocable
Letter
when
the
c. Yes,
claimed
because
by
the
issuing
beneficiary.
of
The,
Credit
was
consequence,
AAA
Carmakers
instructed
BBB
Banking
copies
as
original copies.
possible?
d. Yes,
are
considered
because
the
issuing
a. No,
because
under
"Independence
to
conditions
determine
whether
the
the
Principle",
for
the
not.
SUGGESTED ANSWER:
in
commercial
for
the
release
of
of
importation
is
because
under
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
because
what
JayArhSals
to Z to transfer ownership of
was
the goods.
c. Negotiate
receipt
indorsing it to Z.
d. The
SUGGESTED ANSWER:
a. No,
because
the
warehouse
by
specifically
warehouse
receipt
in
"Independence
the
SUGGESTED ANSWER:
Principle",
a. No,
because
under
the
"Independence
documents,
the
the importation.
documents,
and
not
with
Principle",
and
not
with
the
warehouse
sacks
of
corn.
The
warehouse
goods
warehouse
goods if -
to
a. the
receipt,
the
acknowledges
holder
receipt
of
the
covering
the
warehouse
receipt
presented.
transferred?
a. Negotiate
b. the
the
warehouse
lien
of
warehouseman
is
the
not
satisfied.
hectorchristopher@yahoo.com
JayArhSals
receipt.
proceeds
to
BBB
Banking
SUGGESTED ANSWER:
7. The
legal
the
claims is to ---
a. file
remedy
an
of
action
for
interpleader.
first
presented
the
warehouse receipt.
because
of
prohibita,
irrelevant.
right.
d. keep
violation
intention
is
goods
and
SUGGESTED ANSWER:
SUGGESTED ANSWER:
a. file an action for interpleader.
a. Yes, because X's failure to turn
8. BBB Banking Corporation issued a
Law.
hectorchristopher@yahoo.com
payment
JayArhSals
under
the
Trust
Receipts Law.
c. X can be held criminally
liable
under
the
Trust
consisting
of
dried
fruits
SUGGESTED ANSWER:
c. X can be held criminally liable
under the Trust Receipts Law
regardless
of
the
purpose
intention
for
the
use
of
or
the
proceeds.
Receipts
event
documents
of
failure
for
to
certain
deliver
the
accurate?
the
proceeds
for
good
reason.
b. Fraud
or
deceit
is
as President
violation
Receipts
Law,
of
the
Trust
law
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
specifically
provides
for
loss;
d. the
the corporation.
interest
acquires
in
the
goods.
SUGGESTED ANSWER:
who
accountable
is
party
security
JayArhSals
that
the
loss;
officer
SUGGESTED ANSWER:
b. For
violation
Receipts
Law,
specifically
of
Trust
the
provides
law
for
collateral;
the corporation.
goods;
c. only
get
security
interest
SUGGESTED ANSWER:
one
goods
who
and
holds
the
receives
the
signing
as
maker
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
completes
the
hectorchristopher@yahoo.com
sentence
This
JayArhSals
b. The
promissory
note
is
though
the
an
with
the
maker.
c. The promissory note is an
invalid instrument because
holder
is
accommodation
party.
as
SUGGESTED ANSWER:
accommodation
b. The promissory note is non-
party.
received
accommodation party.
the maker.
d. provided
SUGGESTED ANSWER:
though
holder
only
an
the
accommodation
party.
a. No,
the
promissory
note
amount
is
in
foreign
currency.
accurate?
a. The
promissory
note
is
payment
stated.
are
clearly
currency.
c. No, the promissory note is
not negotiable because the
amount
is
in
foreign
currency.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dollar
foreign
is
currency
JayArhSals
known
in
the
Philippines.
paid
SUGGESTED ANSWER:
although
the
is
even
though
stated
in
the
and
foreign
also extinguished.
c. that can still be negotiated or
d. which
not
been
Which
has
underlying
currency.
for
the
SUGGESTED ANSWER:
though
did
not
lacking
in
proper
18. In payment for his debt in favor of
endorsement.
liable
c. Y is the only
one
an
completes
the
statement
by
Manager's Check:
a. is
check
issued
own account.
b. is a check issued by a
manager of a bank in the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
bank
itself
for
the
JayArhSals
marked
non-negotiable.
Then
effect.
SUGGESTED ANSWER:
payable
to
check
bearer
is
which
a
is
bearer
instrument and:
a. negotiation can be made by
delivery only;
b. negotiation
must
be
by
be
by
be
by
written indorsement;
c. negotiation
must
specific indorsement;
d. negotiation
payment
claim
statement
cannot
must
under
the
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
drawer
a. that they can be considered
legal tender.
can
be
used
to
pay
indebtedness.
the
his
drawee
bank
is
of
the
though
even
instrument
is
cash.
of the signature.
proper indorsement.
SUGGESTED ANSWER:
most accurate?
Bank,
the
drawee
bank.
accurate?
invalidate
deposited
account.
in
his
the
whole
instrument.
c. The
endorsee
will
be
considered as a holder in
due course.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
SUGGESTED ANSWER:
a. a bill of exhchange
26. A check was issued to Tiger Woods.
SUGGESTED ANSWER:
part.
real name.
b. Tiger Woods must sign both
name.
assumed name.
liable;
negotiable.
holder
can
SUGGESTED ANSWER:
become
a.
Tiger
Woods
can
sign
his
assumed name.
Corporation,
accommodate
X,
as
one
way
to
of
its
25. A check is -
most acurate?
a. a bill of exchange;
b. It is a valid indorsement.
note;
c. is drawn by a maker;
d. a non-negotiable instrument.
course.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
d. It is an invalid indorsement.
SUGGESTED ANSWER:
which
is
sum
expressed
in
one
is presumed to be -
and
the
b. it is a valid indorsement.
15,1989,
over
numbers.
September
JayArhSals
is
expressed
both
in
insurer
will
pay
the
to
the
insured
the numbers -
a. the
sum
expressed
in
b. the
equivalent
obligation
of
the
b. the
sum
expressed
in
render
instrument invalid.
SUGGESTED ANSWER:
the
of
the
premiums
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
certain to happen.
insurance policy,
SUGGESTED ANSWER:
this
ambiguities
in
the
accordance
with
in
what
to
be
insurance policy.
the
liberally
in
insured
favor
of
d. the
will
proceeds
insurance
go
the
life
to
the
of
will
be
the
life
divided
and
compulsory heirs of Y.
the
insurer.
of
compulsory heirs of Y.
proceeds
insurance
be
is
construed
will
that
interpreted
ensure
insurance contract is to be
to
SUGGESTED ANSWER:
d. if there is an ambiguity in
the insurance contract, this
will invalidate the contract.
SUGGESTED ANSWER:
insurance.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
SUGGESTED ANSWER:
c. the life insurance policy is valid
provided the beneficiary is his estate or
his parents, or spouse or child.
35. The "incontestability clause" in a
Life Insurance Policy means --a. that life insurance proceeds
cannot be claimed two (2)
years after the death of the
insured.
b. that two (2) years after
date
SUGGESTED ANSWER:
of
issuance
or
insurer
34. X, a minor, contracted an insurance
policy,
cannot
the
anymore
void
most accurate?
rescindable by reason of
is
with
the
provided
the
initio
or
fraudulent concealment or
misrepresentation
ab
of
the
insured.
c. that the insured can still
claim
from
the
insurance
proceeds
in
life
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
insurance
policy
two
(2)
b.
JayArhSals
existing
at
the
time
of
SUGGESTED ANSWER:
37. A house and lot is covered by a real
b. the two (2) years after date of
insurance
cannot
assign
fraudulent
policy
the
insurer
concealment
or
perfection
the
of
the
time
of
contract
at
the
time
of
loss
for
property
at
the
perfection
for
insurance
but
time
of
property
for
life
at
the
perfection only.
SUGGESTED ANSWER:
policy
to
the
bank.
a. existing
the
time
of
express
provision
the
policy
is
also
endorsed is sufficient.
c. Endorsement
of
Insurance
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the
bank
will
have
right
in
the
the
collided
with
another
passenger
insurance
coverage
of the loss.
Motor
Vehicular
SUGGESTED ANSWER:
insurer
of
the
claim against.
40. When X insured his building, X
indicated in the application that it is
a residential building, but actually
the building was being used as a
warehouse
for
hazardous
some
because
of
the
policy
will
insurance
automatically be changed.
c. The insurance policy need
not be changed.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
already transferred.
the use.
owns
partially
burnt
the
SUGGESTED ANSWER:
b.
is
still
entitled
to
the
lot.
of the insurer.
was really
proceeds
manning
the
the
already
sold
of
nobody
the
partially
policy
Is PNR liable?
because
what
is
was
crossing
place
hectorchristopher@yahoo.com
JayArhSals
liable?
b. PNR
is
liable
because
a. The
the
company
public
exercising
a
a
duty
of
reasonable
can
show
that
railroad
means
crossings
a
flagman
which
or
did
is
not
part
of
his
responsrbility.
all times.
are
liable
for
the
along
they
BlumentrittAvenida
Ext.
acted
scope
beyond
of
the
their
responsibility.
d. The
SUGGESTED ANSWER:
SUGGESTED ANSWER:
careful.
the
negligence
employees
43. The AAA Bus Company picks up
passengers
along
EDSA.
X,
even
or
wilful
though
act
they
of
its
acted
the
passenger,
was
shot
and
died
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Because
there
hectorchristopher@yahoo.com
were
so
JayArhSals
many
could
the
Ship
Captain
not
be
found.
Which
issued
the
checked-
in
luggage
indicating
Transport.
if
because
lading
was
hence,
no
no
expressly
states
check
that
the
of
to
of loss.
issued
contract
of
b. it is possible to have a
of
baggage
bill
the
carriage
of
receipt"
was negligent.
would
be
sufficient.
c. the
only
acceptable
SUGGESTED ANSWER:
of
the
Warsaw
Convention
on
Air
Transport.
SUGGESTED ANSWER:
b. it is possible to have a contract
therefore
issued
two
(2)
baggage
checks.
was
operating
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
The
passenger
jeepney
met
an
that
anything
above
Php1
,000
is most accurate?
actually
operating
the
from
inconvenienced
one
by
the
arrangement.
liability
under
the
because
"boundary
system".
liability
because
owner anymore.
remains
to
be
he
the
liable.
SUGGESTED ANSWER:
only
one
liable
SUGGESTED ANSWER:
while
the
the
Kabit
public
System
should
not
is
be
owner
and
the
boundary
Securities
and
Exchange
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
he
signed
all
the
documents,
Board.
because
loan
the
the
legal
status
of
the
AAA
Corporation?
a. A de jure corporation;
pay,
can
be
b. A de facto corporation;
subsidiarity liable.
held
c. A corporation by estoppel;
d. An unregistered corporation.
SUGGESTED ANSWER:
b. X, as President, cannot be
SUGGESTED ANSWER:
due
defaulted.
the
loan,
ZZZ
Corporation
was
SSS
TTT
Corporation
Corporation
is
is most accurate?
a. X being a controlling owner
date,
in
behalf
of
the
of
SSS
Corporation
automatically
be
can
held
personally liable.
of SSS Corporation.
b. X, as President, cannot be
by X, can automatically be
the
held liable.
obligation
corporation
even
of
the
though
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
juridical
personalities
TTT
hence,
Corporation
automatically
the
cannot
be
held
b. Banks
52. Father X, an American priest who
came from New York, registered the
Diocese of Bacolod of the Roman
Catholic
was
SSS
which
SUGGESTED ANSWER:
c.
Church
Corporation
and
TTT
use
as
school.
Which
the
separate
hence,
the
juridical
TTT
personalities
Corporation
cannot
of SSS corporation.
Filipino.
b. The
nationality
corporation
sole
of
depends
c. A
corporation
sole,
regardless
nationality
a. Insurance companies;
b. Banks;
of
of
the
the
head,
c. Trust companies;
property.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
Was
JayArhSals
the
Corporate
Secretary
correct?
c. A corporation sole, regardless
correct
donation.
53. The
number
of
the
Board
of
than
ten
(1
0)
in
shall
because
be
issued
the
to
Corporate
cannot
Stock
refuse
Secretary
because
Certificate
can
a
be
Corporate
cannot
refuse
Secretary
because
provided
it
is
actual
percentage
of
Corporate
Secretary
certificate
regardless
payment.
of
the
actual
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
a.
The
hectorchristopher@yahoo.com
Corporate
Secretary
is
JayArhSals
merger
anytime
after
the
SUGGESTED ANSWER:
b.
The
effective
date
of
the
55. XXX
Corporation
Corporation
have
and
agreed
YYY
to
be
the
merger,
both
Securities
Commission
and
(SEC)
Exchange
approved
the
effective
date
of
the
the
approval
of
the
effective
date
of
the
and
the
stockholders.
d. The stockholders and the
Board of Directors can set
the
effective
date
of
the
the
business
Corporation,
agreed
BBB
to
guarantee
give
to
the
of
AAA
Corporation
its
corporate
loan
of
AAA
only
requires
the
of
BBB
Corporation.
b. The Articles of Incorporation
must
and
provide such
be
approved
power
by
the
Board of Directors.
c. Providing
corporate
guarantee
to
another
corporation is a necessary
exercise
of
power
of
corporation.
d. It would require both the
approval of the Board of
Directors
and
the
stockholders on record.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
Board
of
Directors
of
BBB
of
ABC
shares
the
of the Corporation.
Corporation.
58. ABC
57. The
capital
stock
and
preferred
shares.
Corporation
Board
of
declared
Directors
stock
of
ABC
the
dividends
shareholdings
most accurate?
redemption
and
of
all
to
pay
in
cash.
stock
the
Which
dividends
can
approved
by
Equality of shares.
b. Classifications
of
shares
b. The
be
validly
the
Board
redemption
of
stock
dividends
as it is clearly stated as
such
of
the
in
the
Articles
Incorporation
of
Corporation.
c. Classifications of shares is
may
only
be
doctrine.
c. The redemption of the shares
may
to attract investors.
be
taken
from
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
SUGGESTED ANSWER:
Despite
the
change
in
be considered separated.
hotel
primarily
which
the
is
to
include
separation
of
all
company.
South
Philippines
most accurate?
Airlines
a. With
the
change
South
in
as
sold in
though
their
China
China
the
Philippine
general
Airlines
agent.
is
not
Exchange
considered separated.
Commission.
Which
change
in
a. Although unlicensed to do
there
is
juridical
b. Despite
the
shareholder,
entity
therefore
employees
and
existing
can
automatically
not
be
considered separated.
c. Y, as the new shareholder,
be
their
in
Philippine
SUGGESTED ANSWER:
sued
d. South
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
61. So
that
ABC
hectorchristopher@yahoo.com
Corporation
could
JayArhSals
existing
because
existing
hold
to
and
are
20%
the
each.
five
How
will
the
the
shareholdings
the
Corporation
extent
of
their
existing shareholdings.
shareholdings
because
the
Corporation
the
extent
of
their
existing shareholdings.
b. The
existing
shareholders'
preemptive
rights
is
of
shareholder
the
existing
can
exercise
capital
stock,
the
of
the
and
Exchange
Commission.
d. the approval of the majority
of the Board of Directors and
approval of the shareholders
holding 2/3 share of the
outstanding capital stock.
Recommendation in respect of MCQ #62:
It is recommended that examinees be given
full credit for whatever answer they gave as
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
corporation?
a. The
corporation
is
Board
of
Directors
of
CCC
corporation to formally go
into liquidation.
most accurate?
corporation.
SUGGESTED ANSWER:
stockholder.
b. A derivative suit must be
instituted in behalf of the
corporation.
c. Derivative
suit
is
an
election
of
the
Board
of
SUGGESTED ANSWER:
derivative
suit
must
be
is
valid
and
term
GGG
Corporation
in
accordance
with
its
of
Articles
2012.
The
term
was
Board.
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
of
of
license
to
do
business.
its
the
Directors
resident
will
automatically
be
declared
was
appointed.
vacant.
suspension only.
agent
capacity
must
be
SUGGESTED ANSWER:
SUGGESTED ANSWER:
a.
This
can
be
ground
for
calling
do business.
for
an
election
of
the
new
Corporation
foreign
the
Philippines.
the
appoint
AAA
its
most accurate?
As
is
required
a Resident
Corporation
by
Agent
removed
as
The
Corporate
a. X is a stockholder of ABC
stockholders.
suspension
meeting
stockholders
of
the
for
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
purpose
hectorchristopher@yahoo.com
of
electing
the
because
of
at
the
the
board
time
b. bought
shares
Corporation,
JayArhSals
of
a
XYC
sister
the
stockholder.
c. bought
shares
of
ZZZ
considered as stockholders
the
board
are
to
be
SUGGESTED ANSWER:
d. All of the above.
SUGGESTED ANSWER:
Rule is to -
a. X is a stockholder of ABC
for
all
shareholders
company
opportunity
in
of
terms
to
sell
a
of
their
shareholdings.
68. X,
who
is
the
Executive
Vice
b. ensure
that
minority
shareholders in a publicly
a. bought
shares
Corporation
of
when
it
ABC
equally
have
the
was
shareholders
base,
the news
terms
of
which
shares
in
of
in
same
the
Stock
Exchange.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
b. the
price.
Philippine
Stock
Exchange;
c. the
Securities
and
Exchange Commission;
SUGGESTED ANSWER:
38
Regulation
of
The
Code
Securities
defines
an
interfere
with
the
and
which
his
SUGGESTED ANSWER:
c. The Securities and Exchange
Commission
would
exercise
of
72. The
government
agency
granted
bank
he must be -
financial
institutions
a. The
Philippine
Deposit
Insurance Corporation;
b. The
Bangko
Sentral
ng
Pilipinas;
SUGGESTED ANSWER:
Council;
d. The Securities and Exchange
Commission.
SUGGESTED ANSWER:
b. The Bangko Sentral ng Pilipinas
a. the
Bangko
Sentral
ng
Pilipinas;
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
Corporation.
also
has
JayArhSals
bank.
c. XYZ
Corporation
is
Investment Company.
an
from
the
savings
is
not
possible
for
specific
savings
account
Corporation
being
is
engaged
in
XYZ
funds
through
friends
and
c. 21;
b. 22;
a. 15;
SUGGESTED ANSWER:
from
SUGGESTED ANSWER:
Corporation
borrowings
investors.
raised
from
Which
d. 11.
SUGGESTED ANSWER:
c. 21
76. All senior officers of ABC Bank are
entitled to obtain a housing loan. X
is an Executive Vice President for
Operations
of
ABC
Bank.
She
hectorchristopher@yahoo.com
JayArhSals
accurate?
a. The
housing
loan
somebody
allowed.
who
of
is
not
housing
loan
of
b. Buying
back
the
shares
Monetary
bank.
require
(a)
but
will
require (b).
d. The
and
months.
c. Buying back the shares may
be
allowed
provided
such
housing
loan
benefit
being
Board
of
X,
for
SUGGESTED ANSWER:
SUGGESTED ANSWER:
d. The housing loan of X, being a
benefit for employees, will not require (a)
and (b).
maintains
to buy a 1 0% shareholdings in a
Sandiganbayan.
deposit
accounts
Can
the
with
Court
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
most accurate?
a. Yes,
because
there
is
a. The
same
rules
under
provided
the
must
specific
be
subpoena
as
to
which account.
b. An
approval
from
the
Foreign
legal basis.
about
the
to
the
Sandiganbayan
because
it
only
Currency
upon
Deposit
the
written
case.
SUGGESTED ANSWER:
Php250,000.
insolvent.
money
account
in
said
deposit
Philippine
AAA
Bank
Philippine
Deposit
became
Deposit
Insurance
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Corporation.
hectorchristopher@yahoo.com
Which
statement
is
most accurate?
JayArhSals
a. In an examination to determine
gross estate of a decedent.
for
all
the
engineer
claim
Php750,000
total
from
cannot
from
claim
any
of
the
Institute
of
all
of
the
with
account of Php250,000.
c. X
anything
the
deposit
monitoring
software
of
the
program
cases,
is
not
which
at
all
accounts.
b. Institute
individual
records
without
of
court
an
examination
to
the patent.
an
can
invention;
order
decedent.
Technology
an
except a. in
Computer
Technology;
of
SUGGESTED ANSWER:
investigation
for
a. X
Corrupt Practices.
c. in an investigation by the
on
Ombudsman.
d. in
an
proceeding.
impeachment
Trademarks,
is
way
to
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
b. X
can
sue
infringement
the market.
artistic
which
might
for
because
works
are
creation.
marks
create
copyrighted
confusion.
also
to
get
though
or color.
not
property
copyrighted
having
been
published already.
that is dominant.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
b. X can sue Y for infringement
b. Focusing on the similarity of
the prevalent features of the competing
because
artistic
works
are
protected
circumstances,
emergency,
authority is -
National
Bookstore.
Which
for
like
reason
national
of
public
Director
of
Legal
copyrightable material.
Property Office;
c. the owner of the Patent right;
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
Patent right.
future;
b. obligations existing at the
SUGGESTED ANSWER:
time
the
mortgage
is
constituted;
SUGGESTED ANSWER:
b. obligation existing at the time
the mortgage is constituted;
cover:
market
of
the
property;
work.
deed
public in general.
except
stock
in
in
trade
case
of
being
substitute;
belongs.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
c.
b. effect of the use upon the
potential market of the work.
properties
described
in
the
be constituted to secure:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Register
of
hectorchristopher@yahoo.com
Deeds
where
debtor
resides:
a. is
valid,
binding
hence
between
mortgagor
and
not
the
the
mortgagee;
b. is
binding
mortgagor
mortgagee
and
but
will
the
the corporation.
the
not
SUGGESTED ANSWER:
JayArhSals
be
valid
mortgagor
mortgagee,
between
the
and
the
it
must
be
the
debtor
resides
and
the
SUGGESTED ANSWER:
securing
the
specified
and
b.
is
binding
between
obligations
that
the
which
mortgage
parties;
must be registered:
a. with the Register of Deeds
where the debtor resides;
b. with the Register of Deeds
will
vitiate
between
the
the
certification
from
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
purpose
of
securing
the
and valid.
not
obligation?
sufficient
to
pay
for
redeem
property.
After
the
for
the
deficiency
judgment
action
judicial
foreclosure,
filed
foreclosure
an
sale.
Which
debtor.
a. The
one
(1)
year
questioning
of
the
the
foreclosure
sale.
d. If the action which questions
SUGGESTED ANSWER:
a. The mortgage can claim for
deficiency judgement from the debtor.
94. X mortgaged her residential house
and lot in favor of ABC Bank. X
defaulted in her loan and so the
bank
interrupted.
foreclosed
the
real
estate
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
enough;
a. No,
because
still
collection
not
deficiency;
yet
it
is
entitled
matter of
as
right to take
for
any
who
foreclosed
the
SUGGESTED ANSWER:
c. the creditor can foreclose the
mortgage and demand collection for any
deficiency.
96. XYZ Corporation bought ten (1 0)
units of Honda Civic from CCC
Corporation. ABC Bank granted a
loan
to
XYC
executed
SUGGESTED ANSWER:
Corporation
financing
which
agreement
the
of
payments,
by
the
right
redemption
to
take
period
and
possession
of
the
XYZ
Corporation
was
property.
only
remedy
a. No,
of
the
because
handling
usual
in
certain
transactions.
banking
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
amount
of
hectorchristopher@yahoo.com
the
monthly
JayArhSals
when
details
finance
c. No,
of
because
Agreement
the
the
is
Finance
a
the
inquiry
or
valid
with
the
Anti-Money
b. Upon
Philippine
Insurance
Deposit
Corporation
SUGGESTED ANSWER:
impeachment;
of
the
d. Upon
monthly
of
the
by
Commissioner
inquiry
Revenue
finance
in
of
the
Internal
the
event
to
compromise
his
tax
97. Which
of
the
following
is
an
c.
Upon
inquiry
in
cases
of
impeachment.
98. The Anti-Money Laundering Law is a
law that seeks to prevent money
a. Upon
BangkoSentralngPilipinas
(SSP)
SUGGESTED ANSWER:
inquiry
into
or
examination of deposits or
System,
hence
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
a. bank
and
any
financial
institutions;
b. pawnshops;
a. It is a list
c. casino operators;
of
business
activities or enterprises in
the
SUGGESTED ANSWER:
Philippines
that
c. casino operators
99. For
purposes
b. It
of
Laundering
transaction
"Suspicious
is
Law,
considered
the
Transaction"
with
c. It
d. It
the
is
with
business
to
foreign
approval
list
open
the
Securities
properly
of
the
of
business
to
foreign
approval
and
of
the
Exchange
Commission.
SUGGESTED ANSWER:
a. It is a list of business activities or
enterprises
of
investments provided it is
identified;
SUGGESTED ANSWER:
open
are
or economic justification;
list
Board of Investment.
is
is
with
capacity;
c. client
that
investments provided it is
Philippines
are
business
with
of
engage in.
commensurate
list
as
activities or enterprises in
determining
is
in
the
Philippines
that
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
When
damages.
did
nothing
to
protect
incurred
total
loss
nor
course of a trip.
over.
(A) No, because the exercise of the
(2) A cargo ship of X Shipping, Co. ran
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
governed
incorporation.
by
the
articles
of
(B) N,
divided
into
Common
Shares
"B"
being
O's
immediate
and
newly issued shares through a right of preemption. The company claims, however,
that its By-laws deny T any right of preemption. Is the corporation correct?
(A) No, since the By-Laws cannot
deny a shareholder his right of
pre-emption.
(D)
B,
having
known
of
M's
bankruptcy
(6) S delivered 10 boxes of cellphones to
Trek Bus Liner, for transport from Manila
to Ilocos Sur on the following day, for which
S paid the freightage. Meanwhile, the boxes
were stored in the bus liners bodega. That
shares.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
were
not
lost
while
being
transported.
(C) Yes, it is not shown that one
(B) S
since
the
goods
were
company
completely
finances,
dominates
the
policies,
and
transportation.
further
negotiation
and
(A)
instrument only.
apparent
reason.
The
agents
filed
demand
payment
of
the
of the instrument.
(C) receive
payment
of
the
instrument.
(D) instruct that payment be made
to the drawee.
(9) Under the Negotiable Instruments Law,
a signature by procuration operates as a
notice that the agent has but a limited
authority to sign. Thus, a person who takes
a bill that is drawn, accepted, or indorsed
by procuration is duty-bound to inquire
into the extent of the agent's authority by:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
power of attorney.
receipt.
(B) examining
the
determine
extent
the
bill
to
of
such
authority.
(C) void.
(D) voidable.
value
to
the
extent
of
the
hectorchristopher@yahoo.com
JayArhSals
set
up
the
defense
of
illegality
of
consideration. Is he correct?
to act on behalf of
and subsisting.
value
of
share
of
stock
of
duty
to
transport
the
passenger safely.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
express
duty
to
transport
the
passenger safely
parties
and
free
from
defenses
value.
(D) alteration.
the
share's
fair
value.
in
with
Insurance,
Co.
The
was
caused
by
the
extensive
the By-laws.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A)
Yes,
because
hectorchristopher@yahoo.com
the
insurance
JayArhSals
damage
was
the
breach
of
ship.
the
damage
was
due
to
partner.
partner.
services to Z.
him.
genuine.
with him.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
is genuine.
determined
indorsement.
policy.
(D)
No,
because
qualified
of premium.
warranty of genuineness.
(C) at the time of the payment of the
(25) A bill of exchange has T for its drawee,
premium.
becomes effective.
must
first
be
made,
the
to
return
to
port.
True
enough,
the
deviation proper?
made
in
good
the drawee.
(B) No,
required.
because
faith
no
and
on
reasonable
hectorchristopher@yahoo.com
JayArhSals
creation.
the captain.
(C) Yes, because it entailed the
(28) X, drawee of a bill of exchange, wrote
drawer
questioned
the
acceptance
as
misrepresenting
himself
as
Cs
agent,
(C)
No,
because
the
acceptance
E.
(B) Yes,
perform his
bound as indorser.
promise
within
two
since
only
the
forged
days.
(C) No, since the signature of C, the
(29) X came up with a new way of
because
it
system or method.
is
mere
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
(34)
bank
can
be
placed
under
incur
car.
(D) a slight chance of losses
(D) registered the car in his name.
(35) EFG Foundation, Inc., a non-profit
(33) B borrowed Php1 million from L and
who
collateral)
other
negotiable?
free
from
any
are
(A) 6
(B)
(B) 9
Yes,
since
it
contains
an
minority
members
of
the
(C) 12
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
(D) 3
JayArhSals
letter?
letter.
trust
receipt
in
Ts
favor
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
authorized
alteration
of
in
its
(40)
original
tenor
goods
and
who
retains
security
if
the
alteration is material.
(D) as altered.
Any
agreement
binding
upon
the
sacks of corn is
(A) voidable.
(B) rescissible.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
(C) unenforceable.
JayArhSals
(D) void.
Co.
his
application
for
life
insurance
company
accepted
the
(A) No,
since
admits
the
drawer.
by
accepting,
existence
of
E
the
(B)
later.
May
X's
heirs
recover
on
No,
since
by
accepting,
the
(C) Yes, if E was not aware of that
insurance policy?
inexistent.
fictitious
drawer
is
void
and
Xs heirs.
(D)
Yes,
since
under
the
was
perfected
upon
application.
was forged.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
order of C.
(C) No, since a corporation can in
(D) Yes, since D, as maker, is
an
tenable?
SEC,
however,
disapproved
the
2011
post,
resulting
in
serious
electric
of
corporate
term
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(D) Php12
and
in
Million
all
since
respects
he
what
it
purports to be.
(A) April 11, 2011.
(51) X Corp., whose business purpose is to
(B) Feb. 1, 2011.
through
to
Q,
again
by
note
after
"Php1"
The
of
its
Board
investment
of
grew
and
resolution
Directors.
indorsement,
without
O's
excellent
business
judgment.
But
only,
ratification.
subject
to
stockholders
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
void.
(C) No, since the companies are
(52) Notice of dishonor is not required to be
business.
registration.
generic
name
not
subject
to
him of it.
must be
in all cases.
(A) actual.
(C) has no reason to expect the
(B) constructive first and if it fails,
then actual.
(D) must be made to account for all
(C) either actual or constructive.
his actions.
(D) constructive.
and
circumstances.
reasonable
The
under
interest
of
the
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
or embodied in a work.
capital stock.
capital stock.
(A) No,
disinterested person.
lecture
on
Association
of
his
findings
Astronomers
before
of
the
the
wife
of
the
the
any?
should
group.
form.
(B)
sit
in
the
three-member
since
the
lecture
is
(C) No,
since
no
protection
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hectorchristopher@yahoo.com
(B) forever.
JayArhSals
insurer.
Which
expressly
of
the
warrants
following
indorsers
and
at
negotiating
an
subsisting
in
the
time
of
his
indorsement?
good faith.
What
is
the
basis
for
register
his
device
for
patent
registration.
(D) Yes, since Y unwittingly used Xs
from
the
patented invention.
(62) P, a sales girl in a flower shop at the
insurers
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(64)
If
an
additional
insurance
insurance
policy
on
the
prohibits
property
the
additional
insurancess
value.
(D) forfeits premiums already paid.
into,
a)
forgery
of
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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personal defense.
client.
the deficiency.
(D) No,
be
debtor.
issued
without
the
approval
of
because
is
not
Zs
invest in equities.
stockholders
it.
representing
the
applies.
the deficiency?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the sea.
of the sea.
lectures,
sermons,
addresses
or
his title.
X,
in
the
hospital
for
kidney
was
working
as
Corporate
since
hospitalization
the
previous
would
influence
(72)
The
rule
is
that
the
intentional
Xs previous hospitalization.
(C)
Yes,
it
concealment
hectorchristopher@yahoo.com
would
that
constitute
amounts
to
JayArhSals
coverage.
that
there
is
presentment
(74) Several American doctors wanted to set
no
for
need
payment
for
and
presentment
(A) 40%
for
payment
and
(B) 0%
passed
Resolution
(C) 60%
to
willful
tax
evasion.
On
(D) 70%
correct?
for
payment
and
of
directors
can
commit
corporate crimes.
(B) Yes, since it is the corporation
that did not pay the tax and it has a
personality
distinct
from
its
directors.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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are
his product.
imputable
only
to
the
corporation.
(78) A, the proprietor of a fleet of ten
(D) No,
since
the
law
makes
of
the
corporation
for
allowed?
directors
solidarily
liable
gross
he
(77) T is the registered trademark owner of
is
proprietor,
not
corporation.
rights
that
public transportation.
(D) Yes, since such name would give
his business a corporate identity.
of
who
then
issues
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
to him.
(D)
W,
since
he
has
as
Affidavit
paid up capital,
PhP40
purpose,
Philippines?
2/3
of
the
stockholders
(A) No,
company
since
must
an
have
insurance
at
least
stockholders
Filipino
(A) No
since
the
dominated
Board
of
Directors.
(B) Yes since the majority votes in
the Board was sufficient to amend
the By-laws.
more
than
meets
the
countrys
nationalization laws.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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(A) supervisory.
(B) No, since it is payable at a
(B) absolute.
(C) discretionary.
(D) mandatory.
(84) X, creditor of Y, obtained a judgment in
his favor in connection with Y's unpaid loan
to him. The court's sheriff then levied on
the goods that Y stored in T's warehouse,
for which the latter issued a warehouse
an
event
which
may
not
happen.
(C) Yes, since it is payable at a fixed
period or determinable future time.
(D) No, since it should be payable at
a fixed period before the occurrence
of a specified event.
contract
on
which
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
gecko.
(C) No, since X is merely an agent
(87) P authorized A to sign a bill of
collect.
Million.
accidentally
caught
fire
and
suffered
person.
abandonment
bill of exchange.
through
its
agent
was
agent of P.
Shipping
who
procured
the
hectorchristopher@yahoo.com
JayArhSals
Shipping
relayed
the
fact
of
abandonment.
government-owned
and
controlled
corporations.
(D) No, since in the first place, the
damage was more than of the
ship's value.
(91)
government-owned
controlled
former
of
however,
of
corporation,
its
and
disqualified
members.
stockholders
C,
objected,
holding
2/3
of
its
002-38-0001
G,
grocery
goods
good faith.
passage.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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paid.
acted
his
within
the
actual
limits
of
is
in
fact
No,
(D)
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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implied warranty.
indorsement.
(B) No, because there was no intent
(C) Yes, whether or not the indorser
indorsement.
material representation.
(D) Yes, whether or not the indorser
received value for the restrictive
indorsement.
representation of intention.
of
Pesos
Seven
Thousand
Hundred
case?
(A) 10
(A) Php700,000.00.
(B) Php700.00.
(C) Php7,000.00.
(D) Php700,100.00.
(B) 6
(C) 7
(D) 5
(99) P authorized A to sign a negotiable
this case?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A) No,
since
hectorchristopher@yahoo.com
the
drawer
and
JayArhSals
References:
(B)
No,
since
the
bill
is
non-
Answers
to
Bar
Examination
corporate
UP LAW REVIEW
(100)
term
of
lawphil.net
stock
of
Incorporation.
It
may
be
representing
the
representing
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige