rfbt Flashcards
X received Php1,000 from Y which needs to be repaid in 90 days. In this situation:
Statement I: X is the active subject while Y is the active subject;
Statement II: The prestation involves doing something; and,
Statement III: The efficient cause or juridical tie is the law.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Active Subject- (Y) Passive (X): repaid in 90 days ; Contract
D was driving a bus owned by X. D tried to outrun a jeepney which had cut through the lane, but
crashed into a car privately owned and driven by C. As result, the passengers in both the bus and
car were all either killed or injured. Both vehicles were insured by ABC Insurance Corp. In this situation:
Statement I: The injured passengers may separately claim damages from their respective drivers based on contract;
Statement II: C may be able to claim damages from both D and X liable based on an act or omission punished by law; and, Statement III: The heirs of the deceased
passengers of the car may file suit against the X based on quasi-delict.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
Delay or default is non-fulfillment of an obligation with respect to time. More paticluarly: Statement
I: Mora solved is delay on the part of the debtor; Statement II: Mora Accipiendi is delay on the part of the creditor; and, Statement III: compensation morae is default of both parties in any
obligation.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
Article 1170 of the Civil Code provides for the sources of liability for damages, such as:
Statement
I: Dolo causante; Statement II: Mora Solvendi; and, Statement III: Culpa contractual.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
The Civil Code provides as a rule that no person shall be liable for fortuitous events and the corresponding loss of the thing shall extinguish the obligation to give, except:
Statement I: when the debtor has incurred delay;
Statement II: when the obligation involves the assumption of risk; and,
Statement III: when the debt is a result of a criminal offense.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
The Civil Code provides a condition is a future and uncertain event which may result in the demandability or extinguishment of an obligation. The following are valid conditional obligations:
Statement I: X will give Php1M if A does not swim to the earth’s core; Statement II: X will give Php1M if A’s ticket are does not win in the lottery; and, Statement III: X will give Php1M if A’s
marriage proposal is declined by B.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
The Civil Code provides a “day certain” is that which must necessarily come, although it may not be known when. The following are valid obligations with a period: Statement I: X will give Php1M
when A celebrates her 100th birthday; Statement II: X will give Php1M when A dies ahead of B;
and, Statement III: X will give Php1M when X recovers from his severe financial difficulties.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
A, B and C are solidarily liable to X for Php18,000 in 1:2:3 proportion, subject to the following
stipulations: A’s share is payable on demand, B’s share is payable on the last day of the next
year’s October LECPA, and C’s share is due is X’s son gets accredited as an accounting teacher. In relation thereto: Statement I: X may demand Php3000 anytime from A, but may only demand the same amount from either B or C when the respective stipulations are fulfilled; Statement II: Upon arrival of the last day of next year’s LECPA, X may demand Php6,000 from either A or B, but may only demand from the same amount from C only upon fulfillment of the related stipulation; and,
Statement III: Upon X’s son is accredited as an accounting teacher, X may demand Php9,000 from any of the solidary debtors.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
X has on obligation to give Php5M, which is secured by a specific horse also worth 5M, to A on
July 31 of the current year. On the other hand, A is indebted to X for Php5M due on or before
August 31 of the current year. Consider the following: Statement I: If the horse suddenly dies on
July 30, A can decide that the parties will no longer receive anything from each other due to
extinguishment of their obligations; Statement II: On July 31, A can choose not to pay and claim
that the obligation as already extinguished; and, Statement III: If on July 31, X offers the horse as
payment instead of the cash and A accepts, the latter can them claim compensation so the parties will no longer have to perform their obligations.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
D owes P2200 to C which is payable in eleven monthly installments beginning the end of the current
month. In this case: Statement I. D can use coins in denominations of 0.01 to 0.25 to pay only if C agrees to accept payment in such a manner; Statement II. D can use coins in denominations of 1.00 to 20.00 only if C does not object to such payment; or, Statement III. D can use BSP Bank Notes to pay with or without C’s consent thereto.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
Consent is manifested by the meeting of the offer, which is certain, and the acceptance, which must
be absolute, upon the thing and the cause which are to constitute the contract. In relation thereto, consider the following:
Statement I. If at the time of making the offer or acceptance one of the parties was insane, the resulting contract is void; Statement II. If before the acceptance is conveyed
to the offeror, either of the parties becomes insane, the resulting contract is voidable; and,
Statement III. If after the acceptance is conveyed to the offeror, either of the parties becomes
insane, the resulting contract is unenforceable.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
B. All are false.
Three of the following contracts are void: Statement I: A contract of pledge where the thing
pledged remained with the pledgor; Statement II: Sale of large cattle which does not follow the
prescribed form; and, Statement III: An undertaking to donate one’s kidneys to science in the event of death.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
S, a minor, orally sold his only iPad Pro for Php50,000 to B, a demented person, during the latter’s
lucid interval. The down payment of Php12,500 was paid at the point of perfection. In this situation:
Statement I: The contract is valid; Statement II: Only one of the parties may file a case to nullify the contract; and/or, Statement III: Either party may sue the other to compel performance of their
respective obligations in case of breach.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
Three of the following may objects of contracts: Statement I: All things which are not within the commerce of man; Statement II: All rights which are not transmissible; and, Statement III: All
services which are contrary to law, morals, good customs, public order or public policy.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Consider the following: Statement I: Republic Act 386 recognizes both nominate and innominate contracts; Statement II: Do ut des (I give that you may give) is a nominate contract; and, Statement
III: Facio u facias (I do that you may do) is an innominate contract.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
Three of the following contracts are defective: Statement I: A court-approved sale by the guardian of a minor of property worth Php100,000 for a selling price of Php60,000; Statement II: Sale by
a mature-looking minor who pretended to be 25 years old of property worth Php100,000 for a selling price of Php600,000; and, Statement III: Sale of a minor for a selling price of Php6M in
consideration for a better life for the said minor.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
The following contracts are valid: Statement I: Sale of an son’s prospective share in the net worth his dying father; Statement II: Sale of a car that is still to be manufactured the seller; and,
Statement III: Sale of a kidney the proceeds of which are earmarked for a new iPhone.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
The following contracts are valid: Statement I: Sale of car on behalf of another without the latter’s consent; Statement II: Sale of a car that is still to be bought by the seller from a third person; and, Statement III: A contract of sale of a car where the true intention of the parties is to transfer it gratuitously.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
In the rules on interpretation of contracts: Statement I. If the words of the contract are clear and leave no doubt on the intention of the parties, interpretation of contracts may be proper; Statement
II. In case of gratuitous contracts, doubts shall be resolved in favor of greatest reciprocity of interest; and, Statement III. In onerous contracts, the least transmission of rights and interests shall prevail.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Consider the following: Statement I. Mutual error as to the legal effect of an agreement when the
purpose of the parties is frustrated may result in the reformation of the instrument; Statement II.
Mutual mistake of the parties and the instrument does not express the true agreement will make
the contract voidable; and, Statement III. Mutual confusion as to the terms of the offer and acceptance will have no effect on the contract.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
B. All are false.
X bought a residential house from ABC Realty Corp. for a total contract price of Php6M and made
a down payment of Php600,000 and the remainder is to be paid in equal monthly installments of Php50,000. Consider the following: Statement I. If X had paid a total of Php1,200,000, he would be entitled to a grace period of not less than 60days; Statement II. If X had paid a total of
Php3,600,000, he would be entitled to a Php1,800,000; Statement III. If X had paid a total of
Php5,400,000, he would be entitled to Php3,510,000.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
A. All are true.
The Realty Installment Buyer Act or Maceda Law if Official designated as Republic Act No.:
A. 6550
B. 6551
C. 6552
D. 6553
C. 6552
The price in a contract of sale is certain if: Statement I. the price fixed at the closing price of
Meralco Shares on the last trading day of this week; Statement II. the price is pegged to the value of the one ounce of gold; Statement III. if the price if fixed by the seller.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
Hamzi, an American citizen based in the USA, went to the Philippines for a vacation. While in
Boracay, she met went on a drinking spree and eventually met Jay, a bartender. While under a
state of drunkenness, Hamzi orally agreed to buy and paid via check the land of Jay in Boracay for P5,000,000, when its fair market value was P500,000 only. Upon receipt of the check, Jay immediately handed over the Transfer Certificate of Title to Hamzi. What is the status of the contract?
A. Rescissible
B. Voidable
C. Unenforceable
D. Void
D. Void
The law on sales provides for an implied warranty against eviction imposed on the seller. The
parties may however provide for an exemption for the seller via stipulation, which produces the
following effects: Statement I. If the seller acted in bad faith, the stipulation is rendered voidable
due to fraud; Statement II. If the seller if in good faith and the vendee assumed the consequences,
the stipulation remains enforceable; and, Statement III. If the seller if in good faith but the vendee
was unaware of the consequences, the stipulation becomes unenforceable because all the terms
need to be in writing.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
The law on sales provides: Statement I. If a team of six horses are bought and one of them has a
redhibitory defect, accion redhibitoria can be availed of for only two of the horses that constitute
a pair; Statement II. If the guide dog was bought as a companion for a visually impaired person turn out to be blind, the sale is voidable due to fraud; Statement III. If a goat was bought and it died within 3 days due to a disease, the seller shall be liable for a proportionate reduction in price
for the number of days it was alive in relation to the average lifespan of a goat.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
B. All are false.
The following are the characteristics of a contract of sale: Statement I. a contract of sale can exist by itself and is not dependent on any other contract; Statement II. requires the delivery of the object of the contract of sale for its perfection; Statement III. rights are acquired in exchange for
a valuable consideration.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
On June 1, 20x0, S sold to B 50 units of machines which were scheduled to arrive from Japan. The
sale was evidenced by an invoice identifying each machine by serial number. Each machine was
priced at P100,000.00. Unknown to the parties, 30 units were damaged beyond repair by
seawater on May 31, 20x0. In relation thereto, consider the following: Statement I. B and S retain
their respective rights to compel delivery of 50 machines and to compel payment of the corresponding price; Statement II. B may rescind the whole contract; and, Statement III. S may be compelled to delivery of the remaining 20 units subject to payment of the price therefor.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
S and B entered into an agreement and executed a document entitled “Contract of Sale” whereby
S transferred to B a specific car for specific price, while B gave to S a specific amount of cash and
a diamond ring valued at a specific amount. In relation thereto, consider the following: Statement
I. The contract here is a Sale regardless of the values of the items therein; Statement II. The contract here is a Barter or an Exchange if the value of the thing exceeds the money given as part of the
consideration; and, Statement III. The contract here is a Sale if the value of the money given is
greater than the thing given as part of the consideration.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
In foreclosures of Real Estate Mortgages: Statement I. There is generally no right of redemption in
judicial foreclosure; Statement II. In case of judicial foreclosures where the bank is the creditor and
extrajudicial foreclosures, there is a 1-year redemption period for natural persons; Statement III. In case of extrajudicial foreclosures where the mortgagor is a juridical person, the redemption
period is at least 90 days.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
Pledges are extinguished: Statement I. Upon appropriation by the creditor of the thing pledged if there is a failure to sell in the first and second notarial sale; Statement II. Renunciation or
abandonment, whether express or implied, of the pledge by the pledgee; Statement III. Return of
the thing pledged to the pledgor.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
In a Notarial sale of pledges: Statement I. This sale will extinguish the pledge (accessory contract)
but not the principal obligation in case the proceeds are deficient; Statement II. In case the
proceeds of the sale are deficient, the creditor cannot recover the deficiency even if there is a stipulation; Statement III. In case the proceeds exceed the principal obligation, the excess goes to
the creditor even if there is a stipulation.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
If in a pledge or mortgage where there are several things are pledged or mortgaged: Statement
I. the debtor who has paid a part of the debt can ask for the proportionate extinguishment of the pledge or mortgage; Statement II. the debtor’s heir who has paid a part of the debt can ask for the proportionate extinguishment of the pledge or mortgage; and, Statement III. the creditor’s heir
who received his share of the debt can return the pledge or cancel the mortgage.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Pledges and mortgages have common characteristics, such as: Statement I. The contract of pledge
or mortgage may secure all kinds of obligations, be they natural, pure or subject to a suspensive
or resolutory condition, valid obligations embodied in voidable or unenforceable contracts, even
those which are void; Statement II. It is the essence of pledges and mortgages that when the principal obligation becomes due, the things in which the pledge or mortgage consists may be alienated for the payment to the creditor;
Statement III. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. The parties, however, can stipulate to the contrary.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
Chattel mortgages: Statement I. require the existence of a principal contract because the chattel
mortgage cannot exist on its own; Statement II. require registration and an affidavit of good faith
to be binding upon third persons; and, Statement III. can only cover obligations existing at the time of execution and cannot extend to after-incurred obligations.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
A. All are true.
In pledges created by operation of law: Statement I. a thing under a pledge by operation of law
may be sold only after demand of the amount for which the thing is retained and the public auction shall take place within one month after such demand; Statement II. if, without just grounds, the creditor does not cause the public sale to be held within such period, the debtor may require the return of the thing; and, Statement III. after payment of the debt and expenses, the remainder of
the price of the sale shall be delivered to the obligor; however, in case of a deficiency, the rules
on conventional pledges shall apply.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
In relation to the contract of real estate mortgage: Statement I. In addition to the requisites stated
in article 2085, it is indispensable, in order that a mortgage may be validly constituted, that the document in which it appears be recorded in the Registry of Property, otherwise, it is void;
Statement II. The persons in whose favor the law establishes a mortgage have no right to demand
the execution and the recording of the document in which the mortgage is formalized; and,
Statement III. A contract of mortgage is essentially a formal contract.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
. D borrowed 1M from C. The is secured by the property of X worth 1.5M. On due date, D was not able to pay the proper amount. Consider the following: Statement I. If this were a chattel mortgage, the excess of the proceeds from the foreclosure sale will go to D; Statement II. if this were a pledge, the excess of the proceeds from the notarial sale would not go to C; and, Statement III. if this were a real estate mortgage, C cannot demand payment from X.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
B. All are false.
Republic Act No. 3591 is the law that created the Philippine Deposit Insurance Corporation or
PDIC. It has been amended several time over the years, and the most recent amendatory law is
Republic Act No:
A. 10864.
B. 11840.
C. 10149.
D. 11211
B. 11840.
RA 3591 as amended provides: Statement I. PDIC is a Government Owned and Controlled
Corporation attached to the Bangko Sentral ng Pilipinas for policy and program coordination;
Statement II. The Vice President and other officials of PDIC shall be appointed and may be removed by its (PDIC’s) President; and, Statement III. PDIC enjoys fiscal and administrative
autonomy.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
RA 3591 as amended provides PDIC shall exercise its authority to examine banks and deposit
records, jointly with the BSP, in the following cases: Statement I. There is finding of unsafe and
unsound banking related to deposit-taking; Statement II. There is a failure of prompt corrective
action as declared by the Monetary Board due to capital deficiency; and, Statement III. Whenever
the PDIC deems it appropriate and necessary to join BSP in the conduct of the examination of a
bank..
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
RA 3591 as amended provides: Statement I. PDIC is now mandated to provide insurance cover to
Islamic bank products or arrangements classified as deposits by the BSP; Statement II. PDIC may adjust the maximum deposit insurance coverage (beyond Php500,000.00) based on inflation and other relevant economic indicators without the need for legislation; and, Statement III. PDIC shall exclude from deposit insurance coverage deposit account/s or transaction/s subject of the Directive
to Cease and Desist (DCD) issued by the BSP which exclusion shall be effective upon the publication
of the DCD.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
The New Central Bank Act as amended (RA 7653) provides for the “close now, hear later” policy.
This is allowed whenever, upon report of the head of the supervising or examining department,
the Monetary Board finds that a bank: Statement I. has notified the Bangko Sentral or publicly
announced a unilateral closure; Statement II. has been dormant for at least thirty (30) days or in any manner has suspended the payment of its deposit/deposit substitute liabilities; Statement III.
or is unable to pay its liabilities as they become due in the ordinary course of business.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
AMLA and its implementing regulations provide for certain principles in the country’s fight against
money laundering. In relation thereto, consider the following: Statement I: Covered persons may be held liable for violation of the Data Privacy Act for reporting covered and suspicious
transactions; Statement II: Covered persons are required to keep records even for longer than 5
years as long as the case is active relative to said transactions; and, Statement III: Lawyers are
generally required to file suspicious transaction reports.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
. In determining the identity of the beneficial owners, CPs should establish the customer’s ownership
structure and understand the ownership at each layer. Usually, the beneficial owner is not one
individual; there may be several beneficial owners in a structure. When there are complex
ownership layers and no reasonable explanation for them, CPs should consider the possibility that
the structure is being used to hide the beneficial owner. In relation thereto: Statement I. Any natural person who directly or indirectly owns more than twenty percent (20%) of the legal person who is a customer of the CP (“Ownership Prong”) shall be considered the beneficial owner; and, Statement
II. Any individual who has “significant” responsibility to control, manage, or direct the legal person (“Effective Control Prong”) will be also be considered the beneficial owner.
A. Both are true.
B. None are true.
C. Only I is true.
D. Only II is true.
D. Only II is true.
The following circumstances warrants the filing of a suspicious transaction report: Statement I: The
client is a politically exposed person; Statement II: The client is a casino junket operator; or,
Statement III: The client is not properly identified.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
The Financial Action Task Force (FATF) is an inter-governmental body established in 1989 by the
Ministers of its Member jurisdictions. Statement I. The Financial Action Task Force (FATF) is the
global money laundering and terrorist financing guide dog; Statement II. The mandate of the FATF
is to set standards and to promote effective implementation of legal, regulatory and operational
measures for combating money laundering, terrorist financing and the financing of proliferation,
and other related threats to the integrity of the international financial system; and, Statement III.
In collaboration with other international stakeholders, the FATF also works to identify national-level
vulnerabilities with the aim of protecting the international financial system from misuse.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
AMLA defines several terms, and one of which is “Unlawful activity,” which includes any act or
omission or series or combination thereof involving or having direct relation to a violation of Section
254 of Chapter II, Title X of the National Internal Revenue Code of 1997, as amended: Statement
I. where the deficiency basic tax due in the preliminary assessment is in excess of Twenty-five
million pesos (P25,000,000.00) per taxable year, for all tax types covered and there has been a
finding of probable cause by the competent authority; Statement II. Provided, further, That there
need not be a finding of fraud, willful misrepresenting or malicious intent on the part of the
taxpayer; and, Statement III. Provided, finally, AMLC shall institute forfeiture proceedings to
recover monetary instruments, property or proceeds representing, involving, or relating to a tax crime, even if the same has already been recovered or collected by the Bureau of Internal Revenue (BIR) in a separate proceeding.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Under the AMLA, the Anti-Money Laundering Council or AMLC, which shall act unanimously in the discharge of its functions, is tasked to implement targeted financial sanctions: Statement I. in relation to proliferation of weapons of mass destruction and its financing; Statement II. including
ex parte freeze, within 24 hours, against all funds and other assets that are owned and controlled,
directly or indirectly, including funds and assets derived or generated therefrom; Statement III. by
individuals or entities designated and listed under United Nations Security Council Resolution
Numbers 1718 of 2006 and 2231 of 2015 and their successor resolutions as well as any binding
resolution of the Security Council.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
C. Only two are true.
AMLA defines several terms, and one of which is “Covered Transaction,” which is: Statement I. a
transaction in cash or other equivalent monetary instrument involving a total amount in excess of
Five hundred thousand pesos (P500,000.00) within one (1) banking day; Statement II. for covered persons under Section 3(a)(8), a single casino cash transaction involving an amount in excess of Five million pesos (P5,000,000.00) or its equivalent in any other currency; and, Statement III. for
covered persons under Section 3(a)(9) herein, a single cash transaction involving an amount in
excess of Seven million five hundred thousand pesos (P7,500,000.00) or its equivalent in any other currency.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
A. All are true.
What term refers to the statement “no administrative, criminal, or civil proceedings, shall lie against any person for having made a covered transaction report of a suspicious transaction report in the regular performance of his duties and in good faith, whether or not such reporting results in any
criminal prosecution under this Act or any other Philippine law”?
A. Safe harbor provision
B. Prosecutorial Immunity
C. Nulla Poena Sine Lege
D. These all mean the same thing
A. Safe harbor provision
The law entitled “An Act Defining The Crime Of Money Laundering, Providing Penalties Therefor
And For Other Purposes” or The Anti-Money Laundering Act of 2001 is designated as Republic Act
No. 9160. Over the years, it have done through several amendments, the latest one being Republic Act No.:
A. 11520.
B. 11521.
C. 11522.
D. 11523
B. 11521.
The Guidelines provide that should the beneficial owner be determined to be a “Politically Exposed
Person” (“PEP”), Covered Persons: Statement I. need not obtain senior management approval
before establishing (or continuing, for relationships; existing customers) such business; Statement II.
Conduct enhanced ongoing monitoring on that relationship; and, Statement III. Reassess the risk
profile of the customer and beneficial owner based on the CPs existing policy.
A. All are true.
B. Only two are true.
C. Only one is true.
D. None are true.
B. Only two are true.
Under BP 22, consider the following: Statement I: It shall not be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be
written, printed, or stamped in plain language thereon, or attached thereto, the reason for
drawee’s dishonor or refusal to pay the same; Statement II: When there are no sufficient funds in
or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor
or refusal; and, Statement III. Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check on behalf of such drawer shall not be liable.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
Under B.P. 22, the prosecution must prove: Statement I. the accused issued a check that was
subsequently dishonored; Statement II. the accused was actually notified, via written or oral notice,
that the check was dishonored; and, Statement III. the accused failed, within three banking days
from the date of the check, to pay the holder of the check the amount due thereon or to make
arrangements for its payment.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
Our Supreme Court has sanctioned numerous defenses which have acquitted individuals charged
with a violation of BP 22, such as: Statement I. payment of the value of the dishonored check within
three banking days from receipt of the notice of dishonor; Statement II. payment of the value of the check while the criminal case is pending in court; and, Statement III. failure to properly serve a notice of dishonor, orally or in writing, to the issuer.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.
Consider the following distinctions: Statement I. a drawer of a dishonored check may be convicted
under Article 315 (2-d) of the Revised Penal Code even if he had issued the same for a preexisting obligation, while under BP 22, such circumstance negates criminal liability; Statement II.
estafa is essentially a crime against property, while violation of BP 22 is principally a crime against public interest as it does injury to the entire banking system; and, Statement III. violations of Article
315 of the Revised Penal Code are mala prohibita, while those of BP22 are mala in se.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false
D. Only two are false
As such, this type of estafa (under Art. 315, paragraph 2(d) of the RPC) has the following elements:
Statement I. the offender has postdated or issued a check on account or for value; Statement II.
at the time of postdating or issuance of said check, the offender has no funds in the bank or the
funds deposited are not sufficient to cover the amount of the check; and, Statement III. regardless
of whether or not the payee has been defrauded.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
D. Only two are false.
According to the General Banking Act (RA 8791) and related issuances: Statement I. the fiduciary
nature of banking that requires high standards of integrity and performance; Statement II. the
diligence of good father of a family required of banks where the fiduciary nature of their
relationship with their depositors is concerned; and, Statement III. operations and activities of
banks shall be subject to supervision of the Bangko Sentral.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
C. Only two are true.
In relation to the laws on bank secrecy, consider the following: Statement I. According to RA 8791,
no director, officer, employee, or agent of any bank shall, without order of a court of competent
jurisdiction, disclose to any unauthorized person any information relative to the funds or properties
in the custody of the bank belonging to private individuals, corporations, or any other entity,
including bank deposits; Statement II. When the bank deposit is denominated in pesos, the
provisions of RA 6426 shall govern; and, Statement III. If, on the other hand, the deposit is in
foreign currency, RA 1405 should be followed.
A. All are true.
B. All are false.
C. Only two are true.
D. Only two are false.
B. All are false.