Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Law Studyguieds and testbanks, Study notes of Law

For law, study notes often outline legal principles, case summaries, important statutes, and interpretations of legal concepts. Both subjects require organization and clarity to ensure easy comprehension and retention.

Typology: Study notes

2023/2024

Available from 05/27/2025

syana-luvs
syana-luvs 🇵🇭

5 documents

1 / 11

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
RFBT II
1. Which of the following statements relative to "watered stock" is false? (CPALE
May 2023)
a. It is issued for a consideration that is less than par or issued value.
b. It is void per se.
c. The director or officer having knowledge thereof and without raising any
objection thereto is solidarily liable with the stockholder to the corporation and
its creditors for the difference between the par or issued value and the
consideration.
d. None of the foregoing.
2. One of the following transactions does not require the adequacy of unrestricted
retained earnings: (CPALE May 2023)
a. Redemption of redeemable shares
b. Dividend on common stock
c. Reacquisition on treasury shares
d. Dividend on preferred stock
3. Which of the following statements relative to the sale of personal property
installment under Article 1484 of the Civil Code (Recto Law) is false? (CPALE
May 2022)
a. The remedy of exacting fulfillment of the obligation can be availed of only
where one (1) installment is not paid.
b. Cancellation of the sale can only be made after default of at least two (2)
installments.
c. An agreement for the recovery of any unpaid balance of the purchase price
after electing to foreclose the chattel mortgage on the thing sold is null and
void.
d. The three remedies under Article 1484 of the Civil Code are alternative and
cannot be exercised simultaneously or successively.
4. The term finance charge includes, except (CPALE Oct 2023)
a. interest
b. premium
c. service charges
d. other charges
pf3
pf4
pf5
pf8
pf9
pfa

Partial preview of the text

Download Law Studyguieds and testbanks and more Study notes Law in PDF only on Docsity!

  1. Which of the following statements relative to "watered stock" is false? (CPALE May 2023) a. It is issued for a consideration that is less than par or issued value. b. It is void per se. c. The director or officer having knowledge thereof and without raising any objection thereto is solidarily liable with the stockholder to the corporation and its creditors for the difference between the par or issued value and the consideration. d. None of the foregoing.
  2. One of the following transactions does not require the adequacy of unrestricted retained earnings: (CPALE May 2023) a. Redemption of redeemable shares b. Dividend on common stock c. Reacquisition on treasury shares d. Dividend on preferred stock
  3. Which of the following statements relative to the sale of personal property installment under Article 1484 of the Civil Code (Recto Law) is false? (CPALE May 202 2 ) a. The remedy of exacting fulfillment of the obligation can be availed of only where one (1) installment is not paid. b. Cancellation of the sale can only be made after default of at least two (2) installments. c. An agreement for the recovery of any unpaid balance of the purchase price after electing to foreclose the chattel mortgage on the thing sold is null and void. d. The three remedies under Article 1484 of the Civil Code are alternative and cannot be exercised simultaneously or successively.
  4. The term finance charge includes, except (CPALE Oct 2023) a. interest b. premium c. service charges d. other charges
  1. The meal time (lunch break) for the dining crew in Glorious Restaurant is either from 10:00 a.m. to 11:00 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11:00 a.m. to 12:00 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal? (CPALE May 2023) A. Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay as a rule. B. Yes, the management has control of its operations. C. because lunchbreak regardless of time should be with pay. D. because existing practice cannot be discontinued unilaterally.
  2. The principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. (CPALE October 2023) a. Dacion en pago b. Good faith principle c. Caveat Emptor d. Law on sales
  3. Which of the following would best explain why certain terms in an online agreement might be found to be of NO LEGAL EFFECT? a. the terms are boilerplate provisions b. the terms are displayed in red font, rather than black c. the terms cannot be stored electronically d. the terms are not accessible to the customer until after the transaction is complete
  4. A method of Procurement whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf Goods or ordinary/regular equipment to be procured directly from suppliers of known qualification. (CPALE Oct 2023) A. Negotiated Procurement B. Repeat Order C. Limited Source Bidding D. Shopping
  1. For applications or requests involving activities which pose danger to public health, public safety, public morals, public policy, and highly technical application, the prescribed processing time shall (CPALE May 2023) A. in no case be longer than twenty (20) working days or as determined by the government agency or instrumentality concerned, whichever is shorter. B. in no case be longer than twenty (20) working days with no extension. C. in no case be longer than forty (40) working days or as determined by the government agency or instrumentality concerned, whichever is shorter. D in no case be longer than forty (40) working days with no extension.
  2. Which of the following should be mandatorily disclosed as per required by the Truth in Lending Act? (CPALE May 2023/Oct 2023) A. EIR and IRR B. EIR and Contractual Rate of Return C. IRR and Contractual Rate of Return D. Incidental Rate of Return
  3. It refers to the order issued by the rehabilitation court. The rehabilitation proceedings shall commence upon the issuance of such order. If the court finds the petition for rehabilitation to be sufficient in form and substance, it shall, within five (5) working days from the filing of the petition, issued this order. (CPALE May 2023) a. Stay or Commencement order b. Suspension of payments c. Suspension order d. Liquidation order
  4. B bought the residential lot of S for P1,000,000 in installment under the following terms: P200,000 down payment on January 2, 200A; P100,000 every year thereafter until fully paid. Assume that B defaulted on the very first installment due on January 2, 200B. Under R.A. No. 6552, more popularly known as the Maceda Law, the grace period and cash surrender value of B shall be: (CPALE May 2022/2023) a. 60 days and P 0, respectively. b. 60 days and P100,000, respectively. c. 30 days and P 100,000, respectively. d. No grace period and no cash surrender value.
  1. Under RA 10142, Debtor shall refer to, unless specifically excluded by a provision of this Act, except: (CPALE Oct 2023) a. A sole proprietorship duly registered with the Department of Trade and Industry (DTI) b. A partnership duly registered with the Securities and Exchange Commission (SEC) c. A corporation duly organized and existing under Philippine laws; d. An individual debtor who has become solvent as defined herein.
  2. Which of the following cases falls under the jurisdiction of the SEC? (CPALE Oct 2023) a. Petition for insolvency where the corporation, partnership or association has no sufficient assets to cover its liabilities. b. Petition for suspension of payments where the corporation, partnership or association having sufficient assets to cover its liabilities foresees the impossibility of meeting them as they fall due. c. Intra-corporate or partnership controversies. d. None of the foregoing.
  3. Which is true about abuse of dominant position? (CPALE Oct 2023) A. The best judgment rule shall apply B. It is illegal to have dominant position and abuse of dominant position C. It is not legal to have a dominant position, but it is illegal to have abuse of dominant position D. It is both legal to have a dominant position and to have abuse of dominant position
  4. _______________unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. (CPALE May 2023) A. Data breach B. Data Insecurity C. Security breach D. Backup breach
  5. A legal document between two parties where one party invests money with the intent of receiving a return. (CPALE Oct 2023)
  1. It shall refer to a cooperative whose membership are in large number and geographically scattered/distributed by reason of geographical location, work shift or other similar conditions making it impossible and difficult to conduct their general assembly meeting. (CPALE Oct 2021 ) a. Distributed membership b. Scattered membership c. Numerous and dispersed membership d. Geographical membership
  2. The board of directors approved the issuance of new shares without asking for the stockholder’s permission. A stockholder complains that his right was violated. What right was violated? (CPALE Oct 2021 ) a. Pre-emptive right b. Stockholder right c. Appraisal right d. Right of first refusal
  3. It refers to the document to be used to obtain information and/or estimates of hidden costs incurred by applicants or requesting parties to access government services which may include, but is not limited to, bribes and payment to fixers. The result of the survey shall also become basis for the grant of awards, recognition and/or incentives for excellent delivery of services in all government agencies. (CPALE Oct 2021 ) a. Report Card Survey b. Feedback mechanism c. Business one stop shop d. Automatic approval mechanism
  4. What are "unascertained goods"? (CPALE Oct 2021 ) a. Unascertained goods are goods that need to be specifically ordered b. Unascertained goods are goods that have not been paid for when the contract is made. c. Unascertained goods are goods that are not usually stocked by the seller and are therefore unusual. d. Unascertained goods are in effect all goods that are not specific.
  1. What is the Philippines rank in world bank’s ease of doing business report in 2018? (CPALE Oct 2021 ) a. 124 b. 113 c. None of the choices d. 9 9
  2. D borrowed P3,000 from C. In order to secure the fulfillment of the contract of loan. D pledged and delivered his specific laptop to C as collateral for his obligation. At the maturity date of the loan, D defaulted in the payment of the obligation. At the maturity date of the loan, D and C voluntarily agreed that the said laptop shall be used in full settlement of the secured loan. Which is correct? (CPALE Oct 2021 ) a. The said agreement is pactum commissorium and therefore null and void. b. Ownership of the laptop was acquired by C and the contract of loan is fully extinguished by dacion en pago. c. Ownership of the laptop was acquired by C by reason of pactum commissorium. d. The contract of loan is extinguished only if the value of the laptop is equal to the amount of the loan.
  3. Two parties had an agreement to buy and sell a thing. Before delivery but after the agreement, the thing was lost due to fortuitous event making it impossible for the performance of the contract of sale. What do you call this loss? (CPALE Oct 2021 ) a. Supervening loss b. Antecedent loss c. Prevenient loss d. Impossible loss
  4. What is the effect of not using the Service Incentive Leave (CPALE May 2023 ) A. Forfeited B. Carried over for another year C. Disqualified D. Converted to money equivalent
  5. Who are the parties in a contract of insurance? (CPALE Oct 2023)
  1. Which of the following is a Regular Holiday in the Philippines? (CPALE Oct 2023) a. Araw ng Kagitingan b. Chinese New Year c. Black Saturday d. Christmas Eve
  2. When you arrived at work this morning, there was a memo on your desk asking you to draft a report that outlines how a public key infrastructure might be implemented in the company’s business practices. Although you know that PKI can be used for both encrypting messages and verifying electronic signatures, you are confused as to their respective purposes. After conducting further research, which of the following will you find to be TRUE? (Possible Oct 2024) a. decrypting a message requires the sender to use her public key, while verifying her electronic signature requires the recipient to use his private key b. decrypting a message requires the recipient to use her private key, while verifying her electronic signature requires the use of her public key c. decrypting a message requires the sender to use her private key, while verifying her electronic signature requires the use of her public key d. decrypting a message requires the recipient to use her public key, while verifying her electronic signature requires the use of her private key
  3. After reading an article about domain name related entrepreneurship, you decide to register several domain names for resale. Subsequently, you receive a complaint alleging that you have registered one of those names in bad faith. The complainant has filed for arbitration. The name in question is breadandbutter.com. The complainant, Domain Acquisitions Co, does not hold a registered trademark in the name nor do they conduct business under the name. As far as you can tell, no one is currently operating under this name. Based on these facts, which of the following statements is TRUE? (Possible Oct 2024) a. you have an intellectual property right in the name b. you are a cybersquatter c. the complainant can claim the good faith justification d. your domain name dispute cannot be litigated in court

1 B 11 A 21 A 31 B 41 B

2 A 12 A 22 C 32 B 42 B

3 A 13 D 23 C 33 A 43

4 B 14 A 24 B 34 D 44

5 A 15 B 25 B 35 A 45

6 C 16 A 26 B 36 A 46

7 D 17 A 27 C 37 C 47

8 D 18 D 28 C 38 C 48

9 C 19 D 29 A 39 D 49

10 A 20 C 30 D 40 A 50

Additional very important notes MATERNITY LEAVE BENEFIT A covered female workers in the government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted 105 days maternity leave with full pay and an option to extend for an additional 30 days without pay , which can be prenatal or postnatal. Provided, that the postnatal leave shall not be less than 60 days. Solo Parent: if the employee qualifies as a solo parent under RA No. 8972 (Solo Parents’ Welfare Act), the worker shall be granted an additional 15 days maternity leave with full pay. Manner of availment: Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding 150 days, as the case may be. Frequency: maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency. Miscarriage and Emergency Termination of Pregnancy: For cases of miscarriage or emergency termination of pregnancy, 60 days maternity leave with full pay shall be granted. Allocation of Maternity Leave: Any female worker entitled to maternity leave benefits may, at her option, allocate up to 7 days of said benefits to the child’s father, whether or not the same is married to the female worker