Excel Professional Services Inc. Management Firm of Professional Review and Training Center (PRTC) Online • Manila • Cavite • Laguna • Cebu • Cagayan De Oro • Davao Key Answers and Solution FINAL PRE-BOARD EXAMINATION Since 1977 TEAM PRTC April 29 & 30, 2023 CPA Review MANAGEMENT SERVICES (MS) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Page 1 of 6 D C D A C A A A A B C B A B D A A D D C 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. D B C B D D B B C C D C A D D C A A A B 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. D D C A A A B D C D A D C C A D B C C B www.teamprtc.com.ph 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. A D C D D B D D A A Key.FinPB5.23 TEAM PRTC AUDITING (AUD) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Page 2 of 6 C C A D B D A B B D C B B D A B B B C B 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. D A C C A C D C C A A C A A D B D D A C 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. A B A C C B A A A A D C B B B A D B C C www.teamprtc.com.ph 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. B D A D C B D B B C Key.FinPB5.23 TEAM PRTC TAXATION (TAX) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Page 3 of 6 B C D C A C B C C D B D D C C C C C D C 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. B B B B C A D A A B B A B C C D C D C B 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. A A A B B B A A C A C A A C D B B B C A www.teamprtc.com.ph 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. D C C C D A B B C C Key.FinPB5.23 TEAM PRTC REGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS (RFBT) D B 3. B 4. B 5. D 6. C 7. B 8. E 9. D 10. D 11. A 12. A 13. B 14. B 15. A 16. B 17. B 18. C 19. C 20. A B B 23. B 24. B 25. A 26. A 27. B 28. C 29. E 30. E 31. D 32. C 33. D 34. A 35. D 36. A 37. C 38. A 39. C 40. A B D 43. A 44. C 45. D 46. D 47. C 48. B 49. B 50. A 51. E 52. B 53. C 54. A 55. C 56. D 57. D 58. C 59. B 60. C B B 63. D 64. B 65. C 66. D 67. D 68. A 69. C 70. B 71. A 72. B 73. B 74. D 75. E 76. A 77. B 78. A 79. A 80. D C A 83. C 84. D 85. C 86. A 87. C 88. A 89. B 90. D 91. D 92. B 93. D 94. C 95. E 96. D 97. E 98. D 99. E 1. 21. 41. 61. 81. 2. 22. 42. 62. 82. Page 4 of 6 www.teamprtc.com.ph 100. C Key.FinPB5.23 TEAM PRTC FINANCIAL ACCOUNTING AND REPORTING 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Page 5 of 6 D B C A A D C B C A C A D C A A D C A A 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. C C B A D D C A D A B D A D D A B C C D 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. B A A B A B A D D A D D B A B A A C D A www.teamprtc.com.ph 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. C A B B D B B D B D Key.FinPB5.23 TEAM PRTC ADVANCED FINANCIAL ACCOUNTING AND REPORTING (AFAR) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. B C C A C D B C C A C B A B B B C A C D 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. A B D C C D C D A A B A D A C C A A C B 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. D A B B D B C D C A A B D B D B D D B C 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. A D C D D C B D C B Thank you for participating in Team PRTC Nationwide Online Open Final Pre-Board Examination. Page 6 of 6 www.teamprtc.com.ph Key.FinPB5.23 0 Manila * Cavite * Laguna * Cebu * Cagayan De Oro * Davao Since 1977 MANAGEMENT SERVICES FINAL PRE-BOARD EXAMINATION – SUGGESTED ANSWERS AND SOLUTIONS MC No. 1 Flexible budget for depreciation [258,000/12] TRINIDAD MAY 2023 21,500 MC No. 2 Net profit margin [1+0.25] Total assets turnover [1+0.40] Total assets [1-0.10] Total equity [1+0.40] 1.25 1.40 0.90 1.40 Using the Du-Pont Formula: Return on equity = Net profit margin * Assets Turnover * Equity Multiplier Return on equity = 1.25*1.40*[0.90/1.40] Return on equity = 1.125 Change in ROE [1.125-1] 0.125 increase MC No. 3 Actual fixed overhead Less: Budgeted fixed overhead Fixed overhead budget variance 78,000 80,000 (2,000) Applied fixed overhead [(80,000/5,000)*6,000] 96,000 Actual fixed overhead Less: Applied fixed overhead Fixed overhead variance 78,000 96,000 (18,000) MC No. 5 Opportunity costs per dozen [25*0.12] Rent, insurance and taxes per dozen Carrying costs per dozen favorable Over-applied or favorable 3.00 0.50 3.50 EOQ = √(2*AD*OC)/CC EOQ = √(2*35,000*8)/3.50 EOQ = 400 dozens EOQ in units [400*12] Average inventory [4,800/2] 4,800 tennis balls 2,400 tennis balls MC No. 6 Economic order quantity Divide by: Daily usage [(35,000*12)/350] Frequency of order 4,800 1,200 Once every 4 days MC No. 8 Year 1 [2,000*0.926] Year 2 [2,000*0.857] Year 3 [2,400*0.794] Year 4 [2,600*0.735] Present value of future cash flows Less: Net investment Net present value 1,852 1,714 1,906 1,911 7,383 4,883 2,500 Net investment Less: Cash flows Year 1 Year 2 Remaining cash flow to be recovered in year 3 4,883 2,000 2,000 4,000 883 Fraction [883/2,400] 0.37 Payback period 2.37 Page 1 of 8 squeezed years www.teamprtc.com.ph MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. MC No. 9 No. of batches 1 2 Average costs per batch 120,000 96,000** Cumulative costs 120,000 192,000* *[120,000+72,000] 192,000 **[192,000/2] 96,000 Percentage of learning [96,000/120,000] 80% MC No. 12 Assets - Liabilities = Equity [2M+7M] - [1M+4M] = 4M Non-current liabilities Equity Total 4,000,000 4,000,000 8,000,000 WACC = [KdAT*Wd] + [Kp*Wp] + [Ke*We] WACC = [(5%*0.60)*(4M/8M)] + [15%*(4M/8M)] WACC = 9% MC No. 13 EVA = Net operating profit after taxes – [(Total assets – Current liabilities)*WACC] EVA = [1,500,000*0.60] – [(9M – 1M)*9%] EVA = 180,000 MC No. 16 Selling price Less: Target costs Mark-up [300*0.20] 300 240 60 MC No. 17 Daily usage [84,000/300] *Increase in lead time Increase in safety stock 280 2 560 squeezed If the safety stock will increase, it is unlikely that the company will run out of stock. In that case the stockout costs will decrease. Carrying more safety stock will mean that the company is holding more inventory, therefore, the carrying costs will increase. MC No. 18 Variable production costs per unit [36-8] Avoidable fixed overhead costs per unit [60,000/30,000] Relevant costs per unit to make Relevant costs per unit to buy Savings (Loss) per unit MC No. 19 Costs to make [30,000*30] Opportunity costs [Forgone rental] Total relevant costs to make Total relevant costs to buy [30,000*33] Savings (Loss) if purchased 28 2 30 33 (3) 900,000 190,000 1,090,000 990,000 100,000 MC No. 20 Desired profit before taxes [250,000*32%] Fixed costs Required total contribution margin Divide by: Contribution margin ratio Required peso sales Divide by: Selling price per unit Required no. of units to sell squeezed 80,000 122,500 202,500 42% 482,143 15 32,143 MC No. 22 VC/unit = 2,840,000 – 2,420,000 190,000 - 160,000 = 14 Page 2 of 8 www.teamprtc.com.ph MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. Using costs at highest level of activity Total variable costs [190,000*14] Total fixed costs Total costs 2,660,000 180,000 2,840,000 Total variable costs [205,000*14] Total fixed costs Total costs 2,870,000 180,000 3,050,000 MC No. 23 VC/unit = [2,840,000 – 30,000] – 2,420,000 190,000 - 160,000 = 13 Using costs at highest level of activity Total variable costs [190,000*13] Total fixed costs Total costs 2,470,000 370,000 2,840,000 Total variable costs [175,000*13] Total fixed costs [370,000-30,000] Total costs 2,275,000 340,000 2,615,000 MC No. 24 Prior year Sales Less: Variable costs Contribution margin Less: Fixed costs Net income 90,000 50,000 40,000 30,000 10,000 Current year Contribution margin [(90,000*1.20)*(40T/90T)] Less: Fixed costs Net income 48,000 30,000 18,000 Percentage of increase in net income [(18,000-10,000)/10,000] MC No. 26 Daily purchases [547,800/55] *No. of days in a year Annual purchases * Purchases next year Divide by: No. of days in a year Daily purchases next year *Days in payable Budgeted trade payable at the end of next year 80% 9,960 365 3,635,400 1.15 4,180,710 365 11,454 50 572,700 MC No. 27 Before Required return = Risk-free rate + [Beta*(Market return-Risk free rate)] Required return = 6% + [0.95*(16%-6%)] Required return = 15.5% After Required return = Risk-free rate + [Beta*(Market return-Risk free rate)] Required return = 6% + [1.05*(16%-6%)] Required return = 16.5% WACC = [ (KdAT*Wd) + (Kp*Wp) + (Ke*We)] WACC = [ 7.5%%*0.30] + [16.5%*0.70] WACC = 13.8% It is to be noted that the weighted average costs of capital before implementing the change is 15.5% because there is no debt and preference shares in the capital structure. After implementing the changes, the weighted average costs of capital became 13.8%. It must be further emphasized that the goal is to minimize the weighted average costs of capital. Thus, the change must be implemented in because the weighted average costs of capital decreased. Page 3 of 8 www.teamprtc.com.ph MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. MC No. 28 After tax savings [(40,000-29,000)*0.60] After tax salvage value [9,000*0.60] Recovery of working capital [7,000+5,000] Expected net cash flow at the end of the 10th year 6,600 5,400 12,000 24,000 MC No. 29 After tax savings [80,000*0.60] Depreciation tax shield [(250,000/5)*0.40] Equal annual cash flows 48,000 20,000 68,000 Net investment Divide by: Equal annual cash flows Payback period 250,000 68,000 3.68 MC No. 30 Present value of future cash flows [7,400,000*0.4371] Less: Net investment Net present value 3,234,540 3,500,000 (265,460) MC No. 31 Using internal rate of return of 20% Present value of future cash flows [9,950,000*0.4019] Less: Net investment Net present value 4,000,000 4,000,000 -0- years The present value of the future cash flow is not exactly equal to 4,000,000. The very minimal difference is only due to rounding off process. What is presented in the solution is equal to 4,000,000 in order to emphasize that under the concept of internal rate of return, the net present value should be zero. MC No. 32 Costs of sales Divide by: Inventory turnover Inventory before changes 36,000,000 9 4,000,000 Costs of sales Divide by: Inventory turnover Inventory after changes Decrease in inventory [4,000,000-3,000,000] *Interest rate Cost savings 36,000,000 12 3,000,000 1,000,000 8% 80,000 MC No. 33 No. of lots 1 2 4 Average hours per lot 800 720* 648*** Total hours 800 1,440** 2,592**** *[800*0.9] **[720*2] ***[720*0.9] ****[648*4] 720 1,440 648 2,592 Total hours of four lots Less: Total hours of the first lot Hours for the next three lots [next twelve units] 2,592 800 1,792 MC No. 34 Net investment Divide by: Payback period Equal annual cash flows 450,000 3 150,000 After tax savings [190,000*0.60] Depreciation tax shield [(450,000/5)*0.40] Equal annual cash flows 114,000 36,000 150,000 Page 4 of 8 www.teamprtc.com.ph MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. MC No. 35 Fixed costs Divide by: Contribution margin per unit [20-10-(20*0.05)] Breakeven point in units MC No. 36 Sales Less: Variable costs [10+(20*0.10)] Contribution margin 100% 60% 40% Desired profit before taxes [201,600/70%] Fixed costs [792,000-160,000] Required total contribution margin Divide by: Contribution margin ratio Required peso sales 792,000 9 88,000 units 20 12 8 288,000 632,000 920,000 40% 2,300,000 MC No. 37 Sales Less: Variable costs Contribution margin Less: Fixed costs Net income Per unit assuming 1,000 units 1,000 600 400 Selling price [1,000*1.20] Less: Variable costs per unit Contribution margin per unit 1,200 600 600 Ratio 100% 60% 40% Total 1,000,000 600,000 400,000 100,000 300,000 100% 50% 50% Fixed costs [100,000*0.60] Divide by: Contribution margin ratio Breakeven point in pesos 60,000 50% 120,000 MC No. 39 Budgeted variable overhead Budgeted fixed overhead Budgeted total overhead Per hour based on 36,000 hrs. 2 4.5 6.5 Total 72,000 162,000 234,000 Budgeted fixed overhead Less: Applied fixed overhead [31,500*4.5] Fixed overhead volume variance 162,000 141,750 20,250 unfavorable Total overhead Less: Applied overhead [31,500*6.5] Total overhead variance 220,500 204,750 15,750 unfavorable Controllable variance Volume variance Total overhead variance (4,500) 20,250 15,750 favorable unfavorable unfavorable MC No. 41 Budgeted total overhead [48,000+80,000] Divide by: Estimated direct labor hours Direct labor costs per hour *No. of hours Estimated factory overhead Direct materials Direct labor Estimated product costs Page 5 of 8 128,000 32,000 4 800 3,200 1,600 2,400 7,200 www.teamprtc.com.ph MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. MC No. 42 OH Cost Pool Direct materials Machine set-up Machine repair time Inspection Total Budgeted OH costs [A] 24,000 1,950 209 1,620 Costs driver [B] 600 65 1 27 *[0.10*60] **[2*209] Activity rate [C=A/B] 40 30 209 per unit 60 Activities in Job 912 [D] 20 5 6 minutes* 2 OH assigned [E=C*D] 800 150 418** 120 1,488 6 minutes 418 **If Job 912 requires 6 minutes, then that is equivalent to two units because 1 unit is equivalent to 3 minutes. MC No. 44 Investment A: Required return = Risk-free rate + [Beta*(Market return-Risk free rate)] Required return = 6% + [1.40*(11%-6%)] Required return = 13% Investment B: Required return = Risk-free rate + [Beta*(Market return-Risk free rate)] Required return = 6% + [0.80*(11%-6%)] Required return = 10% Investment C: Required return = Risk-free rate + [Beta*(Market return-Risk free rate)] Required return = 6% + [1.50*(11%-6%)] Required return = 13.5% Investment A Investment B Investment C Expected return 12% 11% 13% MC No. 45 Security Expected return Stock A 10% Stock B 15% Stock C 8% Stock D 12% Stock E 4% Total Required return 13% 10% 13.5% Amount invested 1,000,000 250,000 3,000,000 450,000 2,500,000 7,200,000 Decision Reject Accept Reject Expected return on portfolio 1.4% 0.5% 3.3% 0.8% 1.4% 7.4% MC No. 48 Kp = d / [P-f] Kp = 62.5*0.15 / [68.75*.925] Kp = 14.74% MC No. 49 Long-term debt Equity Total 48,000 144,000 192,000 25% 75% 100% WACC = (KdAT * Wd) + (Kp * Wp) + (Ke * We) WACC = [(8%*0.6)*0.25] + [18%*0.75] WACC = 14.7% MC No. 52 Sales Less: Costs of sales Gross profit 2023 810,000 567,000 243,000 720,000 540,000 Costs at 2022 price [567,000/1.05] Percentage of change in quantity [(540,000/600,000)-1] Sales at 2022 price [800,000*0.9] Page 6 of 8 www.teamprtc.com.ph 2022 800,000 600,000 200,000 540,000 10% decrease 720,000 MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. Effect on sales due to changes in selling price [810,000 - 720,000] 90,000 Effect on sales due to changes in quantity sold [720,000 - 800,000] (80,000) MC No. 53 Assets to equity ratio = Assets / Equity Equity = Assets / Assets to equity ratio Equity = 6,000,000 / 1.5 Equity = 4,000,000 Earnings per share = Net income / No. of shares No. of shares = Net income / Earnings per share No. of shares = 250,000 / 0.5 No. of shares = 500,000 Book value per share = Equity / No. of shares Book value per share = Equity / No. of shares Book value per share = 4,000,000 / 500,000 Book value per share = 8 Price to earnings ratio = Price per share / Earnings per share Price per share = Price to earnings ratio * Earnings per share Price per share = 20 * 0.50 Price per share = 10 Market to book value ratio = Price per share / Book value per share Market to book value ratio = 10 / 8 Market to book value ratio = 1.25 MC No. 55 Average incremental zippers purchased [(60,000-5,000)/2] *Purchase price per zipper Money tied up on zippers *Opportunity cost rate Opportunity cost 27,500 60 1,650,000 8% 132,000 MC No. 58 Change in net income or change in contribution margin Divide by: Change in sales [216,000-180,000] Contribution margin ratio 9,000 36,000 25% Contribution margin [250,000*25%] Less: Fixed costs Net income 62,500 25,000 37,500 MC No. 60 It is to be noted that there is a strong inverse relationship between the sales of the cheapest product line and the customer income level; that is, if the customer income level increases, the sales will decrease because customers will tend to buy a more expensive product given the higher disposable income. If the relationship is inverse, then the coefficient should be negative. Choice “A” cannot be answer because that is invalid relationship because the correlation coefficient ranges from -1 to +1. Choice “B” should be the answer because it is the only remaining negative figure which is valid. After all, -0.93 is something very close to the perfect inverse correlation which is 1. MC No. 62 Excess capacity [10,000*20%] Direct materials Direct labor Variable overhead Variable selling expenses Total variable costs Divide by: Normal capacity Variable costs per unit 2,000 100,000 80,000 50,000 30,000 260,000 10,000 26 Contribution margin from special order [2,500*(30-26-0.75)] Less: Lost contribution margin from regular sales [(2,500-2,000)*(38-26)] Effect on profit Page 7 of 8 www.teamprtc.com.ph 8,125 6,000 2,125 MS.FINALPB-5.23 EXCEL PROFESSIONAL SERVICES, INC. MC No. 63 Avoidable fixed costs [(120,000*3/12)*0.60] Less: One time start-up costs Net avoidable fixed costs Divide by: Contribution margin per unit Shut-down point in units 18,000 1,500 16,500 5 3,300 MC No. 65 Budgeted sales in units Desired level of ending inventory Total inventory needed Less: Beginning inventory Budgeted production 10,000 2,000 12,000 800 11,200 Direct labor costs in molding [11,200*1*20] Direct labor costs in finishing [11,200*2*25] Budgeted direct labor costs MC No. 66 Formula price [3,600,000*1.2] Premium Costs leading to the target price [4,500,000/1.2] Less: Actual costs Difference *Rate Price 224,000 560,000 784,000 4,320,000 3,750,000 3,600,000 150,000 50% MC No. 68 Percentage of increase every year [10M/200M] Cumulative percentage of increase in 4 years [5%*4] Current Fixed assets assets Beginning of year 1 30,000,000 90,000,000 NI in 4 years Div in 4 years AFN in 4 years End of year 4 36,000,000 90,000,000 [30M*1.2] Year 1 Year 2 Year 3 Year 4 Total sales in 4 years *Profit margin NI in 4 years 75,000 4,395,000 5% 20% AP 10,000,000 NP 20,000,000 12,000,000 20,000,000 LTD, CS and RE 90,000,000 45,000,000 27,000,000 (14,000,000) 94,000,000 [10M*1.2] 210,000,000 220,000,000 230,000,000 240,000,000 900,000,000 5% 45,000,000 Dividend in 4 years [45M*0.6] 27,000,000 MC No. 69 Fnp = Ftp + a(Atp - Ftp) Forecast in day 2 = 15 + 0.4(15-15) Forecast in day 2 = 15 Fnp = Ftp + a(Atp - Ftp) Forecast in day 3 = 15 + 0.4(27-15) Forecast in day 3 = 19.8 MC No. 70 Selling price Less: Direct materials Throughput contribution per unit * Additional unit sales Increase in throughput contribution 18 5 13 8,000 104,000 “Success consists of going from failure to failure without loss of enthusiasm.” ― Winston Churchill, former Prime Minister of the United Kingdom 😊 – end - 😊 Page 8 of 8 www.teamprtc.com.ph MS.FINALPB-5.23 Auditing 1. Which of the following should be considered by a CPA prior to acceptance of an audit engagement of a non-listed entity? I. The quality of the accounting records II. The future plans for the company A. I only B. II only C. Both I and II D. Neither I nor II ANS: C Statement I is accurate. The CPA must evaluate a client's auditability by examining the sufficiency of their accounting records. Poor quality accounting records lead to a scope limitation. While an auditor may occasionally be able to work within such limitations, they would prefer to be aware of this before agreeing to the engagement. Statement II is also accurate. It is essential for an auditor to understand a company's future plans, as these may influence the decision to accept the engagement. Prior to agreeing to an engagement, the auditor should ascertain the reason for the audit. For instance, is the company planning to go public? Sometimes, a bank may require an audit to be conducted for the purpose of renewing a client's loan or credit line. 2. What is the primary purpose of the "Panunumpa ng Propesyunal" for Certified Public Accountants in the Philippines? a. To pledge loyalty to a political party b. To promote personal interests c. To uphold and defend the Philippine Constitution, follow laws, and adhere to ethical and professional standards d. To establish a secret society among professionals Answer: C) To uphold and defend the Philippine Constitution, follow laws, and adhere to ethical and professional standards Use the following information to answer next three (3) questions: Steel Fabricator Ltd. is a medium-sized manufacturing company. The company has recently expanded its operations and is now exporting products to multiple countries. The management team has approached SSV Auditing Firm to conduct an audit of their financial statements for the year ended December 31, 2022. SSV Auditing Firm is evaluating whether to accept or continue the client relationship. As the engagement partner, you are required to evaluate the proposed audit engagement in accordance with PSA 210 (Revised), "Agreeing the Terms of Audit Engagements." You will assess the factors affecting the decision to accept or continue the engagement and ensure that the preconditions for an audit are present. 3. According to PSA 210, what is the main objective of establishing an understanding of the terms of the audit engagement? a. To ensure a common understanding of the responsibilities of management and the auditor. b. To ensure a common understanding of the audit fee. c. To ensure a common understanding of the audit scope. d. To ensure a common understanding of the audit timeline. Answer: A. To ensure a common understanding of the responsibilities of management and the auditor. 4. Which of the following is NOT one of the preconditions for an audit as per PSA 210? a. The use of an acceptable financial reporting framework. b. The ability to obtain sufficient appropriate audit evidence. c. The client's agreement to provide the auditor with unrestricted access to all necessary records. d. The auditor's evaluation of the financial health of the client's business. Answer: D. The auditor's evaluation of the financial health of the client's business. 5. In case the preconditions for an audit are not met, what should the auditor do? a. Accept the engagement and perform additional audit procedures. b. Decline the engagement or discuss with management the need to change the financial reporting framework. c. Accept the engagement but limit the scope of the audit. d. Accept the engagement and charge a higher audit fee. Answer: B. Decline the engagement or discuss with management the need to change the financial reporting framework. 6. Which of the following factors is NOT considered when assessing materiality during the planning stage of an audit of financial statements? a. Benchmark ratios b. Prior year financial results c. User needs and expectations d. The client's payroll system Answer: D. The client's payroll system Explanation: Materiality is determined based on the needs of financial statement users, benchmarks, and prior year financial results. The client's payroll system is not directly relevant to materiality assessments. 7. Which of the following is the most appropriate course of action for an auditor when they identify significant risks during the planning stage of the audit? a. Perform more extensive audit procedures. b. Communicate the risks to the audit committee. c. Request management to rectify the risks. d. Revise the overall audit strategy. Answer: A. Perform more extensive audit procedures. Explanation: When an auditor identifies significant risks, they need to design and perform more extensive audit procedures to address those risks. 8. When planning an audit, why is it important for the auditor to gain an understanding of the entity and its environment? a. To ensure compliance with relevant regulations. b. To identify and assess the risks of material misstatement. c. To establish the terms of the engagement. d. To assess the reliability of internal control systems. Answer: B. To identify and assess the risks of material misstatement. Explanation: Gaining an understanding of the entity and its environment helps the auditor identify and assess the risks of material misstatement, which in turn allows them to design and perform appropriate audit procedures. 9. Which of the following is NOT a direct impact of a significant change in an entity's industry on the audit planning process? a. Reassessment of audit risk b. Adjustment of materiality levels c. Identification of new areas of significant risk d. Reevaluation of the engagement team's industry expertise Answer: B. Adjustment of materiality levels Explanation: While changes in an entity's industry may affect the audit planning process in several ways, materiality levels are generally not directly affected by industry changes. Materiality is determined based on the needs of financial statement users, benchmarks, and prior year financial results. 10. An auditor plans to rely on the work of an entity's internal auditors. Which of the following factors should the auditor consider when evaluating the internal auditors' competence and objectivity? a. The internal auditors' independence from management. b. The internal auditors' educational background and certifications. c. The internal auditors' access to necessary information. d. All of the above. Answer: D. All of the above. Explanation: When an auditor plans to rely on the work of internal auditors, they need to assess their competence and objectivity. This includes evaluating their independence from management, educational background, certifications, and access to necessary information. 11. Which of the following is NOT a purpose of the independent auditor's report? a. To express an opinion on the financial statements. b. To describe the scope of the auditor's work. c. To provide assurance on the effectiveness of internal controls. d. To provide an overview of the responsibilities of both management and the auditor. Answer: C. To provide assurance on the effectiveness of internal controls. Explanation: The primary purpose of the independent auditor's report is to express an opinion on the financial statements, describe the scope of the auditor's work, and provide an overview of the responsibilities of both management and the auditor. It does not provide assurance on the effectiveness of internal controls. 12. Which section of the independent auditor's report outlines the framework used to prepare the financial statements? a. Basis for Opinion b. Management's Responsibility for the Financial Statements c. Auditor's Responsibilities for the Audit of the Financial Statements d. Other Information Answer: B. Management's Responsibility for the Financial Statements Explanation: The "Management's Responsibility for the Financial Statements" section of the auditor's report outlines the framework used to prepare the financial statements, emphasizing that management is responsible for selecting and applying the appropriate financial reporting framework. 13. Which of the following circumstances would most likely result in an emphasis of matter paragraph being included in the independent auditor's report? a. A material misstatement in the financial statements. b. A significant subsequent event. c. A limitation in the scope of the audit. d. A disagreement with management regarding accounting policies. Answer: B. A significant subsequent event. Explanation: An emphasis of matter paragraph is included in the auditor's report to draw attention to a matter that is appropriately presented or disclosed in the financial statements but is of such importance that it is fundamental to users' understanding of the financial statements, such as a significant subsequent event. 14. Which of the following is NOT a typical responsibility of the auditor as described in the "Auditor's Responsibilities for the Audit of the Financial Statements" section of the independent auditor's report? a. Identifying and assessing the risks of material misstatement. b. Obtaining sufficient appropriate audit evidence. c. Evaluating the appropriateness of accounting policies and estimates. d. Preparing and presenting the financial statements. Answer: D. Preparing and presenting the financial statements. Explanation: Preparing and presenting the financial statements is a responsibility of management, not the auditor. The "Auditor's Responsibilities for the Audit of the Financial Statements" section describes the auditor's responsibilities for identifying and assessing risks, obtaining audit evidence, and evaluating accounting policies and estimates. 15. The concept of reasonable assurance implies that an auditor a. does not guarantee the accuracy of the financial statements. b. is not accountable for the fairness of the financial statements. c. is solely responsible for providing an opinion on the financial statements. d. is in charge of identifying every misstatement. Answer: A Reasonable assurance refers to the level of certainty an auditor achieves when conducting an audit. It implies that, although the auditor performs their duties diligently, they cannot guarantee the complete accuracy of the financial statements. Auditors are responsible for expressing an opinion on the financial statements based on the evidence gathered, but they are not guarantors of their correctness. This concept acknowledges that there may be inherent limitations in the audit process, and it is not possible to identify every misstatement or error. 16. The ________ always includes a list of the ________, and it usually includes sample sizes, items to select, and the timing of the tests. a. audit program; audit objectives b. audit program; audit procedures c. audit assertion; audit programs d. audit assertion; audit objectives Answer: B The audit program always includes a list of the audit objectives, and it usually includes sample sizes, items to select, and the timing of the tests. 17. A measure of how willing the auditor is to accept that the financial statements may be materially misstated after the audit is completed and an unqualified opinion has been issued is the a. inherent risk. b. acceptable audit risk. c. statistical risk. d. financial risk. Answer: B 18. The measurement of the auditor's assessment of the susceptibility of an assertion to material misstatement, before considering the effectiveness of related internal controls is defined as a. audit risk. b. inherent risk. c. sampling risk. d. detection risk. Answer: B 19. Which of the following is a correct relationship? a. Acceptable audit risk and planned detection risk have an inverse relationship. b. Control risk and planned detection risk have a direct relationship. c. Planned detection risk and inherent risk have an inverse relationship. d. All of the above are correct relationships. Answer: C 20. When assessing fraud risk, a. fraud risk is assessed only at the overall financial statement level. b. the auditor's assessment of fraud risk should be ongoing throughout the audit. c. if the auditor concludes that there is a risk of material misstatement due to fraud, auditing standards require that the risks be treated as pervasive. d. auditing standards require that the auditor presume there is a risk of fraud in the inventory account. Answer: B 21. Which of the following is not one of the three primary objectives of effective internal control? a. reliability of financial reporting b. efficiency and effectiveness of operations c. compliance with laws and regulations d. assurance of elimination of business risk Answer: D The primary objectives of effective internal control include reliability of financial reporting, efficiency and effectiveness of operations including safeguarding of assets and compliance with laws and regulations. 22. In performing the audit of internal control over financial reporting, the auditor emphasizes internal control over classes of transactions because a. the accuracy of accounting system outputs depends heavily on the accuracy of inputs and processing. b. the class of transaction is where most fraud schemes occur. c. account balances are less important to the auditor then the changes in the account balances. d. classes of transactions tests are the most efficient manner to compensate for inherent risk. Answer: A 23. An internal control deficiency occurs when computer personnel a. participate in computer software acquisition decisions. b. design flowcharts and narratives for computerized systems. c. originate changes in customer master files. d. provide physical security over program files. Answer: C 24. Which of the following represents a correct statement regarding internal control testing? a. When auditors plan to use evidence about the operating effectiveness of internal control contained in prior audits, auditing standards require tests of the controls' effectiveness at least every other year. b. The greater the risk, the less audit evidence the auditor should obtain that controls are operating effectively. c. The auditor uses control risk assessment and results of tests of controls to determine planned detection risk and the related substantive tests for the financial statement audit. d. Testing of internal controls can only be performed by the auditor at the end of the fiscal year. Answer: C 25. When using the test data approach, a. test data should include data that the client's system should accept or reject. b. application programs tested by the auditor's test data must be different from those used by the client throughout the year. c. select data may remain in the client system after testing. d. None of the above statements is correct. Answer: A 26. Which of the following computer-assisted auditing techniques inserts an audit module in the client's application system to identify specific types of transactions? a. parallel simulation testing b. test data approach c. embedded audit module d. generalized audit software testing Answer: C 27. Which of the following is NOT an appropriate method for testing the operating effectiveness of controls? a. Inspection of documents and records. b. Observation of the control being applied. c. Inquiry of the individuals responsible for performing the control. d. Calculation of key financial ratios. Answer: D. Calculation of key financial ratios. Explanation: Key financial ratios are not directly related to the operating effectiveness of controls. Appropriate methods for testing controls include inspection of documents and records, observation of the control being applied, and inquiry of the individuals responsible for performing the control. 28. When an auditor determines that a control is not operating effectively, which of the following is the most appropriate course of action? a. Increase the sample size for the test of controls. b. Perform additional tests of controls. c. Modify the planned substantive procedures. d. Communicate the issue to the entity's audit committee. Answer: C. Modify the planned substantive procedures. Explanation: If a control is found to be ineffective, the auditor should modify their planned substantive procedures to address the increased risk of material misstatement. This may involve increasing the extent of substantive procedures or performing alternative procedures. Use the following information to answer next four (4) questions. Ligaya Manufacturing Company is a medium-sized entity that produces electronic components. The company has a complex production process that relies heavily on technology and automation. You are the engagement partner of SDT Audit Firm, responsible for conducting the audit of Ligaya Manufacturing Company's financial statements for the year ended December 31, 2022. During the planning phase of the audit, you identify a significant risk related to inventory valuation due to the rapid technological changes in the industry and the company's complex production process. Additionally, you learn that the company recently implemented a new inventory management system. You are required to evaluate the audit risks, design and perform appropriate audit procedures, and consider the implications of your findings on the auditor's report. 29. Which of the following is the most appropriate audit procedure to address the risk of material misstatement related to inventory valuation? a. Conduct inquiries with management about the new inventory management system. b. Perform a physical count of the inventory items on hand. c. Evaluate the appropriateness of the company's inventory valuation methods. d. Review the company's sales and purchase contracts. Answer: C. Evaluate the appropriateness of the company's inventory valuation methods. Explanation: Given the significant risk related to inventory valuation, the auditor should evaluate the appropriateness of the company's inventory valuation methods to ensure they are consistent with the applicable financial reporting framework. 30. Upon finding discrepancies in the inventory count, which of the following actions should the auditor take? a. Communicate the discrepancies to management and request an explanation. b. Adjust the audit opinion based on the discrepancies. c. Request that management conduct a new inventory count. d. Perform additional substantive procedures on other account balances. Answer: A. Communicate the discrepancies to management and request an explanation. Explanation: When the auditor finds discrepancies in the inventory count, they should communicate the discrepancies to management and request an explanation. This will help the auditor understand the cause of the discrepancies and determine the appropriate response. 31. After obtaining satisfactory explanations from management for the inventory discrepancies, what is the next step the auditor should take? a. Document the explanations and perform additional audit procedures to corroborate management's explanations. b. Adjust the audit opinion based on management's explanations. c. Request that management adjust the financial statements. d. Conclude that the inventory valuation is appropriate and move on to other audit areas. Answer: A. Document the explanations and perform additional audit procedures to corroborate management's explanations. Explanation: The auditor should document management's explanations for the inventory discrepancies and perform additional audit procedures to corroborate those explanations. This ensures that the auditor obtains sufficient appropriate audit evidence to support their conclusions. 32. If the auditor concludes that the inventory valuation is materially misstated and management refuses to make the necessary adjustments, which of the following modifications to the auditor's report is most appropriate? a. An emphasis of matter paragraph. b. An unqualified opinion with going concern paragraph. c. An adverse opinion. d. A disclaimer of opinion. Answer: C. An adverse opinion. Explanation: If the auditor concludes that the inventory valuation is materially misstated and management refuses to make the necessary adjustments, the auditor should issue an adverse opinion. An adverse opinion indicates that the financial statements are not presented fairly, in all material respects, in accordance with the applicable financial reporting framework. This is because the inventory valuation misstatement significantly affects the overall presentation of the financial statements. 33. Which one the following procedures performed for the billing function provides evidence for the completeness assertion? a. making sure that all shipments have been billed b. making sure that no shipment has been billed more than twice c. making sure that each shipment is billed at the correct amount d. making sure that each shipment is billed to the proper customer Answer: A 34. Which of the following audit procedures would be the most effective in identifying unrecorded liabilities? a. Reviewing subsequent cash disbursements b. Confirming accounts payable balances with vendors c. Reviewing purchase orders issued near year-end d. Analytical procedures comparing accounts payable to prior periods Answer: A. Reviewing subsequent cash disbursements Explanation: Reviewing subsequent cash disbursements is an effective audit procedure for identifying unrecorded liabilities, as it provides evidence of liabilities that existed at the balance sheet date but were not recorded until they were paid in the subsequent period. 35. Which of the following statements is most correct? a. A sample of all items of a population will eliminate sampling risk, but increase nonsampling risk. b. The use of an appropriate sample selection technique ensures a representative sample. c. The auditor's failure to recognize an exception is a significant cause of sampling risk. d. The use of inappropriate audit procedures is a significant cause of nonsampling risk. Answer: D 36. Auditors will generally send a standard inquiry to the client's attorney letter to a. only those attorneys who have devoted substantial time to client matters during the year. b. every attorney that the client has been involved with in the current or preceding year, plus any attorney the client engages on occasion. c. every attorney whose legal fees for the year exceed a materiality threshold. d. only the attorney who represents the client in proceeding where the client is defendant. Answer: B 37. At the completion of the audit, management is asked to make a written statement that it is not aware of any undisclosed contingent liabilities. This statement would appear in the a. management letter. b. letter of inquiry. c. letters testamentary. d. management letter of representation. Answer: D 38. Which of the following is a prescribed set of moral principles or values? a. codes of business ethics for professional groups b. laws and regulations c. codes of conduct within an organization d. all of the above Answer: D 39. The distribution of which of the following types of reports is unrestricted? a. examinations and reviews b. reviews and agreed-upon procedures c. examinations and agreed-upon procedures d. examinations, reviews, and agreed-upon procedures Answer: A 40. According to RA 9298, which of the following qualifications is NOT required for a candidate to be eligible to take the Certified Public Accountant (CPA) Licensure Examination? a. Must be a Filipino citizen b. Must be a holder of a Bachelor's degree in Accountancy c. Must have at least 18 months of work experience in the field of accountancy d. Must be of good moral character Answer: C. Excel_Professional Services Inc. Management Firm of Professional Review and Training Center (PRTC) Manila * Cavite * Laguna * Cebu * Cagayan De Oro * Davao Final Preboard Examination on Auditing Problems April 29, 2023 Suggested answers/solutions by OCAMPO/OCAMPO PROBLEM NO. 1 - Quinanola Corp. Question No. 41 - A Proceeds - 2021 share issuance Proceeds - 2022 share issuance Par value of shares issued [(200,000 + 2,000) x P5] Share issue costs - 2021 share issuance Share premium, 12/31/23 1,600,000 18,000 (1,010,000) (15,000) 593,000 Question No. 42 - B 2021 Unadjusted profit (loss) Depreciation Various Land write-up Adjusted profit (loss) (175,000) (15,000) (20,000) (210,000) 2022 220,000 (17,000) (25,000) (100,000) 78,000 Accumulated profit or loss, 12/31/23 Loss on re-issuance of TS [P27,000 - (5,000 x P7)] Retained earnings, 12/31/23 2023 410,000 (23,000) (5,000) 382,000 250,000 (8,000) 242,000 Question No. 43 - A Share capital [(200,000 + 2,000) x P5] Share premium (see no. 41) Retained earnings (see no. 42) Treasury shares [(10,000 - 5,000) x P7] Total equity 1,010,000 593,000 242,000 (35,000) 1,810,000 Question No. 44 - C Question No. 45 - C PROBLEM NO. 2 - Padilla Corp. Question No. 46 - B Cost of equipment (Cash price) Question No. 47 - A Question No. 48 - A Date 1/1/22 12/31/22 12/31/23 2,370,000 Payment Int. (10%) Principal 388,020 388,020 207,000 188,898 181,020 199,122 C.A. 2,070,000 1,888,980 1,689,858 Question No. 49 - A Question No. 50 - A PROBLEM NO. 3 - Baysa Corp. Question No. 51 - D Principal Interest 10,000,000 1,000,000 PVF at 12% 0.5674 3.6048 PV, 1/1/20 5,674,000 3,604,800 9,278,800 Original amortization schedule: EI (12%) NI (10%) Disc. Amort. 1/1/20 12/31/20 1,113,456 1,000,000 113,456 12/31/21 1,127,071 1,000,000 127,071 12/31/22 1,142,319 1,000,000 142,319 12/31/23 1,159,398 1,000,000 159,398 12/31/24 1,178,956 1,000,000 178,956 PV, 1/1/20 Discount amortization, 1/1 to 4/1 (P113,456 x 3/12) PV, 4/1/20 (Purchase price) Accrued interest (P10,000,000 x 10% x 3/12) Total amount paid Page 1 of 3 Gross CA 9,278,800 9,392,256 9,519,327 9,661,646 9,821,044 10,000,000 9,278,800 28,364 9,307,164 250,000 9,557,164 www.teamprtc.com.ph AP.FinPB5.23 Question No. 52 - C Gross carrying amount, 12/31/20 (see amortization schedule) Loss allowance, 12/31/20 Amortized cost, 12/31/20 9,392,256 (47,000) 9,345,256 Question No. 53 - B Gross carrying amount, 12/31/22 (see amortization schedule) PV of ECF (P10,000,000 x 0.7972) Required loss allowance, 12/31/22 Recorded loss allowance Increase (decrease) in loss allowance 9,661,646 (7,972,000) 1,689,646 (95,200) 1,594,446 Question No. 54 - B Interest income - 2023 (P7,972,000 x 12%) Journal entry Debt investment - AC Allowance for ECL Interest income 956,640 159,398 * 797,242 ** 956,640 * Refer to the original amortization schedule; this represents the increase in present value of original contractual cash flows. ** Decrease in loss allowance due to passage of time, which is recognized as interest income. Question No. 55 - B Required loss allowance, 12/31/23 Less recorded loss allowance, 12/31/23 (P1,689,646 - P797,242) Increase (decrease) in loss allowance 98,200 892,404 *** (794,204) *** This is the difference between the PV of contractual cash flows and PV of expected cash flows before reversal of impairment. Gross carrying amount, 12/31/23 (see amortization schedule) Amortized cost, 12/31/23 (see revised amortization schedule) Revised amortization schedule: EI (12%) NI (10%) Disc. Amort. 12/31/22 12/31/23 956,640 956,640 12/31/24 1,071,360 1,071,360 Journal entry Allowance for ECL Impairment gain 9,821,044 (8,928,640) 892,404 Amort. Cost 7,972,000 8,928,640 10,000,000 794,204 794,204 PROBLEM NO. 4 - Ciudadano Corp. Cash Unadjusted 2,000,000 a - Undelivered check 300,000 b - PDC issued 250,000 c - AP with debit balance d - Unrecorded purchase returns e - Unrecorded purchases f - DAIF check (30,000) g - PDC received (90,000) h.1 h.2 - OK h.3 - OK h.4 h.5 h.6 h.7 - OK h.8 2,430,000 (56-A) Page 2 of 3 AR 6,000,000 Inventory 10,000,000 AP Sales 4,000,000 50,000,000 300,000 250,000 60,000 (80,000) 20,000 30,000 90,000 (100,000) (200,000) (500,000) 300,000 600,000 6,320,000 (57-D) (200,000) (500,000) 300,000 280,000 (475,000) 9,705,000 (58-B) www.teamprtc.com.ph 4,550,000 600,000 50,200,000 (59-C) (60-C) AP.FinPB5.23 PROBLEM NO. 5 - Baby Em Corporation C&CE T&OR Unadjusted balances 2,100,000 4,200,000 Add (deduct) adjustments: Cash & cash equivalents Item 1 (90,000) 90,000 Item 2 (360,000) Item 3 - OK Item 4 (33,000) Item 5 - OK Item 6 (100,000) Item 7 (65,000) 65,000 Item 8 (20,000) 20,000 Inventories Item 1 Item 2 Item 3 - OK Item 4 104,400 Item 5 - OK Item 6 Property, plant and equipment Land held for a currently undetermined future use Intangible assets Costs of training employees Research and development costs Organization costs Adjusted balances 1,432,000 4,479,400 (61-B) Inventories 5,300,000 (62-D) PPE 7,910,000 Intangibles 2,280,000 360,000 (52,000) (36,000) (87,000) (12,000) (1,200,000) 5,113,000 6,710,000 (63-A) (64-D) (280,000) (880,000) (310,000) 1,170,000 (65-C) PROBLEM NO. 6 - Dimaculangan Corp. Question No. 66 - B Cash (P571,000-P400,000) Accounts receivable, net Notes receivable Inventories Prepaid expenses Total current assets 171,000 480,000 162,300 645,100 47,400 1,505,800 Question No. 67 - D Accounts payable Income tax payable Wages payable Interest payable (P750,000 x 8% x 8/12) Dividends payable Unearned revenue Total current liabilities 510,000 145,000 275,000 40,000 200,000 489,500 1,659,500 Question No. 68 - B Notes payable (due 2024) Bonds payable Discount on bonds payable [(P49,500 - (P49,500/5 *8/12)] Total non-current liabilities Question No. 69 - B Share capital Share premium reserve Retained earnings, as adjusted Unadjusted Accrued wages Interest payable (P750,000 x 8% x 8/12) Amortization of discount (P49,500/5 *8/12) Total equity 157,400 750,000 (42,900) 864,500 1,840,000 150,000 2,810,600 (275,000) (40,000) (6,600) 2,489,000 4,479,000 Question No. 70 - C Page 3 of 3 www.teamprtc.com.ph AP.FinPB5.23 Use the tax tables if necessary: TAXATION SUGGESTED SOLUTION SCHEDULE OF EXPANDED WITHHOLDING TAX (EWT) Income Payment Professional/Management/Consultancy fees (Individual) Professional/Management/Consultancy fees (Non-Individual) Contractors/subcontractors (security, janitorial, etc.) Director’s fees (if not employee) Rental EWT Gross receipts 3M or below - 5% Gross receipts over 3M or VAT-reg – 10% Gross receipts 720,000 or below - 10% Gross receipts over 720,000 – 15% 2% Income Payment Purchase of goods or properties by Top Withholding Agents (TWA) - EWT 1% - goods 2% - service Partners in general professional partnerships (drawings, advances, sharings, allowances, etc.) 720,000 or less 10% Above 720,000 – 15% 10% 10% or 15% (720,000 threshold) 5% Income distributed to beneficiaries of estates/trusts Commission (if not employee) 15% GRADUATED TAX TABLE UNDER TRAIN LAW (January 1, 2018 to December 31, 2022) Over But not over The tax shall be Plus Of excess over 250,000 0 0 250,000 400,000 0 20% 250,000 400,000 800,000 30,000 25% 400,000 800,000 2,000,000 130,000 30% 800,000 2,000,000 8,000,000 490,000 32% 2,000,000 8,000,000 2,410,000 35% 8,000,000 GRADUATED TAX TABLE UNDER TRAIN LAW (January 1, 2023 and onwards) Over But not over The tax shall be Plus 0 250,000 0 0 250,000 400,000 0 15% 400,000 800,000 22,500 20% 800,000 2,000,000 102,500 25% 2,000,000 8,000,000 402,500 30% 8,000,000 2,202,500 35% DOCUMENTARY STAMP TAX TABLE PART I - THEORIES Of excess over 250,000 400,000 800,000 2,000,000 8,000,000 1. The BIR issued information materials to guide taxpayers on how to file their 2022 Annual Income Tax Returns. This is in consonance with: a. Equity in Taxation b. Administrative Feasibility c. Principles of Sound Tax System d. Uniformity in Taxation Explanation: Convenience on the part of the taxpayer 2. Which is FALSE? Under the CREATE law, I. Registered Export Enterprises, if opted enhanced deductions, can claim up to ten (10) years. II. Domestic Market Enterprises, if opted enhanced deductions, can claim up to five (5) years. a. Only S1 is true b. Only S2 is true c. Both are true d. Both are false Explanation: Both are true 3. S1 – Purchases made by solo parents are subject to 10% discount. S2 – Purchases made by solo parents are VAT-exempt. a. Only S1 is true b. Only S2 is true c. Both are true d. Both are false Explanation: Only qualified goods and service are subject to discount and VAT exemption. 4. Which is FALSE? S1 – The Commissioner of Internal Revenue has four Deputy Commissioners. S2 – The Commissioner of Customs has six Deputy Commissioners S3 – The PEZA Board has twelve members. S4 – The Bases Conversion and Development Authority has eight members. a. S1 b. S2 c. S3 d. S4 Explanation: Thirteen members 5. Which is FALSE in BIR registration? S1 – Employees are required to be registered before employment. S2 – Sole proprietors are required to be registered before commencement of business. S3 – Corporations are required to be registered before payment of tax. S4 – Partnerships are required to be registered before or upon filing of applicable tax return, statement or declaration. a. S1 b. S2 c. S3 d. S4 Explanation: S1 – Within ten days from date of employment 6. The deadline of January 31 applies to the following, except: a. 4th Quarter Remittance Return of Creditable Income Tax Withheld (Expanded) b. Annual Registration Fee c. Monthly Remittance Return on Creditable Income Tax Withheld (Compensation) for the month of December d. Local Professional Tax Explanation: January 15 7. Printing of official receipts and/or sales invoices must be preceded by: a. Application of Permit to Use and Print Receipts and Invoices b. Approval of Authority to Print Receipts c. Approval of books of accounts d. Registration of Computerized loose-leaf Explanation: ATP approval is required before printing 8. It is the principal evidence of sale of goods. S1 - Delivery receipt and/or Collection Receipt S2 - Official Receipt S3 - Order Slip; Purchase Order S4 - Sales Invoice (Cash or Charge) S5 - Statement of Account a. S2 only b. S2 or S4 only c. S4 only d. Any of the above Explanation: S4 is correct. S2 is for sale of service. S1, S3 and S5 are supplementary receipts. 9. Which is most accurate about retention of books of accounts? S1 - Hard Copies may be kept within the first five (5) years reckoned from the day following the deadline in filing a return, or if filed after the deadline, from the date of the filing of the return, for the taxable year when the last entry was made in the books of accounts. S2 - After five (5) years, electronic copy of the hardcopy (paper) of the books of accounts, subsidiary books and other accounting records in an electronic storage system may be kept. S3 - For Independent CPA, the responsibility to maintain and preserve electronic copies of the audited and certified financial statements including the audit working papers for a period of ten (10) years from the due date of filing the annual income tax return or the actual date of filing thereof, whichever comes later. a. S1 only b. S1 and S2 only c. All of the above are true d. All of the statements are false Explanation: All statements are true. 10. Which is FALSE? The audit by independent CPA of INDIVIDUAL taxpayer’s books of accounts is a. Not required if his gross sales, earnings, receipts or output do not exceed Php 3,000,000. b. Not required if he opted 8% preferential taxation c. Not required if he opted for Optional Standard Deduction d. Required if gross sales, earnings, receipts or output is Php 3,000,000 or more. Explanation: Exceed Php 3,000,000.00 11. The best proof of successful e-FPS return filing is the a. Duly filed return b. Filing Reference Number c. Screenshot of successful filing d. Tax Return Confirmation Receipt Explanation: Filing Reference Number 12. The best proof of successful e-BIR Form online return filing is the a. Duly filed return b. Filing Reference Number c. Screenshot of successful filing d. Tax Return Confirmation Receipt Explanation: BIR email of Tax Return Confirmation Receipt 13. Which is TRUE? S1 – A taxpayer exempt from paying tax is also exempt from filing the applicable return. S2 – If deadline of filing of return falls on weekdays, the deadline of filing is the next working day. a. Only S1 is true b. Only S2 is true c. Both are true d. Both are false Explanation: Exemption from taxation does not follow exemption from filing of return. A taxpayer is only exempt from filing if the expressly provides for its exemption. 14. Which is FALSE in BMBE? To be considered barangay-based, S1 - its business operations are confined within the territorial jurisdiction of the municipality or LGU in which its principal place of business is located. S2 - its principal activity consists in the application/use of a particular skill peculiar to the locality. S3 - the majority of its employees must be residents of the barangay where the BMBE is located. S4 - the raw materials must be predominantly sourced from the area where the BMBE is located. a. S1 b. S2 c. S3 d. S4 Explanation: Same municipality not same barangay 15. S1 - Export enterprises under CREATE Law are entitled ITH of 4 to 7 years depending on location and industry priorities and followed by SCIT or enhanced deductions for ten (10) years. S2 - Domestic market enterprises under CREATE Law are entitled to ITH of 4 to 7 years followed by enhanced deductions for five (5) years. a. Only S1 is true b. Only S2 is true c. Both are true d. Both are false Explanation: Both are true 16. S1 - Business establishments are required to give the statutory discount regardless of who is the source of payment or mode of payment, provided that the goods and services are for the exclusive use of the Senior Citizen or Person with Disability. S2 - lf the purchaser is children with disability, the parents have the full authority to purchase the product for their child and must only present the PWD lD as required. a. Only S1 is true b. Only S2 is true c. Both are true d. Both false 17. S1 - The senior citizen or Person with Disability can authorize any person of his/her choosing through an authorization letter duly signed by the senior citizen/person with disability to purchase qualified goods. S2 - In case of failure to present Senior Citizen or PWD ID at the time of the purchase of the goods and services, the business establishment or the third-party service provider has the right to refuse to release the goods to the authorized representative. a. Only S1 is true b. Only S2 is true c. Both are true d. Both false 18. S1 - Donations made by husbands and wife out of their common property is deemed made by each; hence, both shall prepare separate Donor’s Tax Return and claim separate deductions. S2 - If what was donated is a conjugal or community property, only the person who signed the Deed is subject to donor’s tax without prejudice to the right of the other spouse to question the validity of the donation without her consent. a. Only S1 is true b. Only S2 is true c. Both are true d. Both false 19. S1 – Goods on hand of taxpayers who will transition from non-VAT to VAT is subject to 12% VAT due to deemed sale transaction. S2 - Taxpayers who will change registration from VAT to non-VAT is entitled to transitional input tax. a. Only S1 is true b. Only S2 is true c. Both are true d. Both false Explanation: S1- entitled to transitional input tax. S2 – deemed sale of goods on hand are subject to 12% 20. ABC Corp., a domestic corporation, applied for a Tax Treaty Relief on its transactions with XYZ Corp., a non-resident foreign corporation. Which is TRUE? a. In applying for treaty relief, the BIR cannot determine whether the subject transaction is subject to other internal revenue taxes b. In case of denial, the remedy is appeal to the Court of Tax Appeals c. The Competent Authority in the Philippines is the Commissioner of Internal Revenue d. Venue of application is at the Office of the Commissioner Explanation: The BIR can determine exposure to other internal revenue taxes; The remedy in case of denial is to appeal to the Secretary of Department of Finance; The venue of application is with the International Tax Affairs Division 21. Which is FALSE in real property tax (RPT) under Local Government Code? S1 – The maximum tax discount for advanced prompt payment of real property tax is 20%. S2 – The interest rate is 2% per month and is imposable until delinquent tax is fully paid S3 – The RPT accrues on the first day of January and from that date it shall constitute a lien on the property which shall be superior to any other lien, mortgage, or encumbrance of any kind whatsoever, and shall be extinguished only upon the payment of the delinquent tax. S4 – Collection of RPT is the responsibility of the city or municipal treasurer. a. S1 b. S2 c. S3 d. S4 Explanation: Maximum of 36 months. 22. Which is TRUE under the National Internal Revenue Code of 1997, as amended regarding prescription? General Rule a b. c. d. 3 years 3 years 10 years 3 years Assessment In case of Fraud or Falsity 10 years 10 years 3 years 10 years General Rule 5 years 3 years 5 years 3 years Collection In case of Fraud or Falsity 5 years 5 years 10 years 3 years 23. The penalty for attempt to evade or defeat tax is: Fine a b. c. d. Minimum 100,000.00 500,000.00 1,000,000.00 5,000,000.00 Maximum 5,000,000.00 10,000,000.00 20,000,000.00 50,000,000.00 Imprisonment Minimum 2 years 6 years 8 years 10 years Maximum 5 years 10 years 15 years 20 years 24. Which is TRUE in taxation of individual taxpayers? S1 – 8% preferential tax does not apply to compensation income earners. S2 – Non-VAT individuals engaged in trade and at the same time who practices their profession can opt to be taxed at 8%. S3 – Mixed income earners have the option to be taxed either at 8% or graduated tax rates a. S1 b. S2 c. S1 and S2 d. All are true Explanation: S1 – False because 8% applies to mixed income earners. S2 – True S3 – False. 8% applies only on business income. 25. Which is FALSE? In crimes and offenses under the Tax Code, as amended: a. If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence without further proceedings for deportation b. If he is a public officer or employee, the maximum penalty prescribed for the offense shall be imposed and, in addition, he shall be dismissed from the public service and perpetually disqualified from holding any public office, to vote and to participate in any election c. If the offender is a Certified Public Accountant, his certificate as a Certified Public Accountant shall be automatically revoked or cancelled d. In the case of associations, partnerships or corporations, the penalty shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation Explanation: Conviction is necessary 26. Which is FALSE in estate taxation of bank deposits? S1 – At the option of the executor, administrator or heirs, bank deposits of decedents may be subjected to 6% final tax at any time from decedent’s death. S2 – If the bank deposits were subjected to final tax, the deposits shall no longer form part of the gross estate of the decedent. S3 – In case of joint deposits, only that share or interest of decedent is subject to either final tax or estate tax. S4 - In all cases, the final tax withheld shall not be refunded but may be credited from the tax due in instances where the bank deposit account subjected to final tax has been actually included in the gross estate declared in the estate tax return of the decedent. a. S1 b. S2 c. S3 d. S4 Explanation: S1 – False within one (1) year from decedent’s death. 27. The authority granted to internal revenue officers to distraint personal property of whatever character and to levy upon the real property and interest in or rights to real property of a delinquent taxpayer: a. e-Letter of Authority b. Mission Order c. Notice of Levy or Encumbrance d. Warrant of Distraint and/or Levy (WDL) 28. Nicanor, as the Accountant of ABC Corp., prepared and filed the Company’s 2020 Annual Income Tax Return (AITR) on April 17, 2023. After filing, he realized the following: • In #1 (see return below) – Indicated fiscal instead of calendar. • In #2 (see return below) – Indicated 12/2021 instead of 12/2022 What is Nicanor’s remedy? a. Amend the return by filing a new one and indicate the correct information and mark YES to the question in item #3 of the return b. Amend the return by filing a new one and indicate the correct information and mark NO to the question in item #3 of the return c. Revise the data upon retrieval of the BIR of the return d. Submit proof and request the BIR to correct the return Explanation: Amendment of the return is the remedy 29. It means the national territory of the Philippines outside of the proclaimed boundaries of the ECOZONES except those areas specifically declared by other laws and/or presidential proclamations to have the status of special economic zones and / or free ports. a. Customs territory b. Domestic jurisdiction c. Philippine area of responsibility d. Philippine territory Explanation: Express definition in PEZA law 30. All of the following are true, except: a. Preliminary Assessment Notice is only a proposed assessment b. The discrepancy/discrepancies in Notice of Discrepancy is/are considered deficiency tax/taxes c. The Formal Letter of Demand/Final Assessment Notice is the notice of assessment d. The issuance of collection letter is considered a final decision on disputed assessment Explanation: Not yet a deficiency tax that is why it’s called discrepancy. 31. The antecedent facts of ABC Corp.’s TY2011 tax case are as follows: November 12, 2012 Service of Letter of Authority dated October 30, 2012 November 9, 2013 Issuance of Notice of Discrepancy / Notice of Informal Conference November 28, 2014 Issuance of Preliminary Assessment Notice (PAN) December 15, 2014 Reply to the PAN December 16, 2014 Issuance of Formal Letter of Demand (FLD) Note: ABC Corp. failed to file a valid protest to the FLD March 3, 2015 Issuance of Final Decision on Disputed Assessment (FDDA) March 30, 2015 ABC Corp, filed its request for reconsideration February 4, 2020 Denial of request for reconsideration by Commissioner March 22, 2020 Issuance of Warrant of Distraint and/or Levy (WDL) June 30, 2020 Filing of petition for review with the Court of Tax Appeals Which is TRUE? a. The assessment has prescribed b. The collection has prescribed c. The assessment and collection have prescribed d. The assessment and collection are valid Explanation: Period of collection is five years from issuance of FLD. Since, the WDL was issued beyond the 5-year period, the collection has prescribed. Assessment was issued within the prescriptive period. 32. Which is FALSE? The taxpayer: a. Must reply to the Preliminary Assessment Notice within fifteen days from receipt of the PAN b. Must protest the Formal Letter of Demand/Final Assessment Notice within thirty days from receipt of the FLD/FAN c. Must appeal the Final Decision on Disputed Assessment within thirty days from receipt of the FDDA d. None of the statements is false Explanation: Reply to the PAN is not mandatory 33. Which is FALSE? a. The Final Decision on Disputed Assessment must contain that it is a final decision b. The Final Decision on Disputed Assessment must state the details of the assessment and must contain factual and/or legal basis otherwise the assessment is void c. The Formal Letter of Demand/Final Assessment Notice state the details of the assessment and must contain factual and/or legal basis otherwise the assessment is void d. The Preliminary Assessment Notice must state the details of the assessment and must contain factual and/or legal basis otherwise the PAN is void Explanation: If the FDDA lacks factual and/or legal basis, only the DECISION is void and not the assessment 34. Which is FALSE? For ordinary prescription to not set in, the BIR must issue the assessment on: a. For the 2020 1st Quarter Expanded Withholding Tax return - on or before April 30, 2023 b. For the 2020 1st Quarter Final Withholding Tax return - on or before April 30, 2023 c. For the 2020 1st Quarter Income Tax Return – for individuals on or before May 15, 2023 d. For the 2020 1st Quarter VAT return - on or before April 25, 2023 Explanation: Assessment on income tax is annual 35. Which is FALSE? a. Beginning 2023, the filing of VAT return is quarterly only b. Input tax on purchase of capital goods (depreciable) exceeding Php 1,000,000.00 is creditable against output tax c. Input tax on purchase of capital goods (depreciable) exceeding Php 1,000,000.00 is deferred over the useful life of the asset or maximum of sixty months d. The remedy in case of denial of VAT refunds is to appeal to the Court of Tax Appeals Explanation: Amortization of input tax on purchase of capital goods exceeding Php 1 million is only until December 31, 2021 PART II - PROBLEMS Comprehensive Problem ABC Corp. a regional operating headquarter of ABC World Group based in Australia shared the following financial information: 2022 2023 Gross receipts 100,000,000.00 120,000,000.00 Cost of Services 80,000,000.00 90,000,000.00 Gross Income 20,000,000.00 30,000,000.00 Allowable Deductions 19,500,000.00 25,000,000.00 500,000.00 5,000,000.00 Net Taxable Income Other information: Assets Liabilities Stockholders’ Equity 2022 80,000,000.00 30,000,000.00 50,000,000.00 36. How much is the income tax payable in its 2022 AITR? a. Php 0 (ROHQ is exempt from taxation) b. Php 50,000.00 c. Php 125,000.00 d. Php 200,000.00 Solution: Gross receipts 100,000,000.00 Cost of Services 80,000,000.00 Gross Income 20,000,000.00 Allowable Deductions 19,500,000.00 500,000.00 Net Taxable Income 125,000.00 RCIT 200,000.00 MCIT (20M x 1%) 200,000.00 Higher 37. How much is the income tax payable in the 2023 AITR? a. Php 0 (ROHQ is exempt from taxation) b. Php 1,000,000.00 2023 95,000,000.00 40,000,000.00 55,000,000.00 c. Php 1,175,000.00 d. Php 1,250,000.00 Solution: 2022 2023 100,000,000.00 120,000,000.00 80,000,000.00 90,000,000.00 20,000,000.00 30,000,000.00 19,500,000.00 25,000,000.00 500,000.00 5,000,000.00 125,000.00 1,250,000.00 200,000.00 6mos. 150,000 6 mos. 300,000 450,000.00 200,000.00 1,250,000.00 Gross receipts Cost of Services Gross Income Allowable Deductions Net Taxable Income RCIT MCIT (20M x 1%) Higher 75,000 Excess MCIT Payable 75,000.00 1,175,000.00 38. How much is the output tax in 2022? a. Php 0 as ROHQ’s transactions are subject to zero-rate b. Php 0 as the ROHQ’s transactions are exempt from VAT c. Php 1,000,000.00 as ROHQ’s transactions are subject to 1% percentage tax d. Php 12,000,000.00 Explanation: ROHQ’s operate in the Philippines and thus its transactions are generally subject to 12% rate. There is nothing in the problem that indicates it exported its sales hence 0-rate will not apply. Only Regional Area Headquarters are VAT-exempt. Comprehensive Problem The following can be found in ABC Corp.’s (domestic corporation) 2022 financial records: Quarterly Income Statement: Quarters 1st 2nd 3rd Gross sales 5,000,000 4,000,000 3,000,000 Cost of sales 4,000,000 3,000,000 2,000,000 (purchase of goods) Gross income 1,000,000 1,000,000 1,000,000 Deductions 500,000 200,000 1,100,000 Taxable income 500,000 800,000 (100,000) (loss) The duly filed Quarterly VAT returns disclosed the following: Quarters 1st 2nd VATable sales 2,000,000 3,000,000 Output tax 120,000 360,000 Purchases VAT: Goods Service Input tax VAT paid 4th 6,000,000 4,000,000 2,000,000 500,000 1,500,000 3rd 3,000,000 360,000 4th 5,000,000 600,000 with 4,000,000 200,000 504,000 3,000,000 100,000 372,000 2,000,000 200,000 264,000 4,000,000 200,000 504,000 0 0 96,000 96,000 In addition to the above, a review of the Balance Sheet Accounts (Statement of Financial Position) showed the balances of Asset and Liability in the amounts of Php 10,000,000 and Php 6,000,000, respectively. 39. How much is the income tax payable for the 1st Quarter Income Tax Return? a. Php 10,000.00 b. Php 20,000.00 c. Php 100,000.00 d. Php 125,000.00 40. How much is the income tax payable for the 2nd Quarter Income Tax Return? a. Php 20,000.00 b. Php 160,000.00 c. Php 200,000.00 d. Php 260,000.00 41. How much is the income tax payable (overpayment) for the 3rd Quarter Income Tax Return? a. (Php 20,000.00) b. Php 0 c. Php 10,000.00 d. Php 30,000.00 42. How much is the income tax payable for the 4th Quarter Income Tax Return? a. Php 0 b. Php 20,000.00 c. Php 150,000.00 d. Php 300,000.00 Explanation: No 4th quarter filing 43. How much is the income tax payable (overpayment) in its Annual ITR? a. Php 280,000.00 b. Php 330,000.00 c. Php 540,000.00 d. Php 675,000.00 Solution: Quarters 1st 2nd 3rd 4th Annual Gross sales 5,000,000 4,000,000 3,000,000 6,000,000 18,000,000 Cost of sales 4,000,000 3,000,000 2,000,000 4,000,000 13,000,000 Gross income 1,000,000 1,000,000 1,000,000 2,000,000 5,000,000 Deductions 500,000 200,000 1,100,000 500,000 2,300,000 Taxable income 500,000 800,000 (100,000) 1,500,000 2,700,000 (loss) Add: Taxable 500,000 1,300,000 income from previous quarters Total taxable 500,000 1,300,000 1,200,000 2,700.000 income RCIT (20%) 100,000 260,000 240,000.00 540,000 MCIT 10,000 20,000 30,000 50,000 st st 1 Q-1,000,000 1 Q-1,000,000 GI - 5,000,000 2nd Q-1,000,000 2nd Q-1,000,000 X1% rd 2,000,000 3 Q- 1,000,000 X1% 3,000,000 X1% Higher of 100,000 260,000 240,000 540,000 RCIT/MCIT Less: tax paid 0 100,000 260,000 260,000 from previous quarters Payable 100,000 160,000 (20,000) 280,000 44. How much is the VAT payable for the 1st Quarter VAT Return? a. Php 46,000 b. Php 96,000.00 c. Php 360,000.00 d. Php 600,000.00 45. How much is the VAT payable for the 2nd Quarter VAT Return? a. Php 68,000.00 b. Php 108,000.00 c. Php 328,000.00 d. Php 480,000.00 46. How much is the VAT payable (overpayment) for the 3rd Quarter VAT Return? a. (Php 204,000.00) b. Php 0 c. Php 96,000.00 d. Php 360,000.00 47. How much is the VAT payable for the 4th Quarter VAT Return? a. Php 120,000.00 b. Php 216,000.00 c. Php 480,000.00 d. Php 720,000.00 48. Assuming the Company filed its 4th Quarter VAT return on January 20, 2023 and filed an amendment on January 31, 2023, the imposable surcharge is? a. None b. 25% since the under-declaration is less than 30% c. 25% based on the deficiency basic VAT d. 50% due to falsity or fraud Explanation: No surcharge is imposable since the original return was filed within the prescriptive period. Solutions to the comprehensive problem: Quarters 1st 2nd 3rd 4th VATable sales 5,000,000 4,000,000 3,000,000 6,000,000 Output tax 600,000 480,000 360,000 720,000 Input tax 504,000 372,000 264,000 504,000 Net VAT payable 96,000 108,000 96,000 216,000 Less: tax paid 0 0 96,000 96,000 VAT Still Payable 96,000 108,000 0 120,000 Comprehensive Problem: Nicanor is employed by ABC Corp. and has no other source of income. He received the following from his employer in 2022: Monthly Basic Salary 102,526.46 th 13 month pay and other benefits 142,649.82 De minimis benefits 26,000.00 SSS, PHIC and PAGIBIG Contributions 32,633.29 Other exempt benefits 45,177.93 49. How much is the total non-taxable or exempt compensation? a. Php 161,177.93 b. Php 167,811.22 c. Php 193,811.22 d. Php 246,461.04 Solution: 13th month pay and other benefits De minimis benefits SSS, PHIC and PAGIBIG Contributions Other exempt benefits Total 90,000.00 26,000.00 32,633.29 45,177.93 193,811.22 50. Assuming during annualization, it was determined that the tax withheld on compensation from January to November is Php 200,000.00, how much is the tax required to be withheld on compensation in Nicanor’s December compensation? a. Php 74,890.20 b. Php 0 c. Php 46,715.20 d. Php 96,145.80 Solution: Gross compensation income 1,476,776.56 Less: non taxable compensation: 13th month pay and other benefits 90,000.00 De minimis benefits 26,000.00 SSS, PHIC and PAGIBIG Contributions 32,633.29 Other exempt benefits 45,177.93 193,811.22 Taxable compensation income 1,282,967.34 Annual tax due (see graduated tax table) 274,890.20 Less: tax withheld 200,000.00 Tax required to be withheld in December 74,890.20 51. Assuming during annualization, it was determined that there was over withholding, until when is the employer required to refund employee? a. Not later than December 24 b. Not later than December 31 c. Not later than January 25 of the following year d. Not later than January 31 of the following year 52. Assuming , further, that Nicanor was employed on November 1, how much is the 13th month pay to be paid by his employer? a. Php 17,087.74 b. Php 17,088.00 c. Php 102,526.46 d. Php 106,913.95 Solution: Monthly Basic Salary 102,526.46 No. of months employed 2 Total basic compensation 205,052.92 Divide by 12 months 12 th 13 month pay 17,087.74 53. Which is FALSE in 13th month pay? a. It is equivalent to the mandatory one month of total salary received by official and employees of the government, GOCC or private offices b. It can be higher than the threshold for exemption c. To be eligible, employee must have worked for at least one (1) month during the calendar year d. Payment cannot be deferred and is payable on or before December 24 of each year Explanation: Basis of computation of 13th month pay is basic salary only and not total salary received. 54. Assuming finally that during the same year, Nicanor sold his personal car for Php 601,000.00 which he bought in 2020 for Php 600,000.00. Which is TRUE? a. Nicanor is not required to file an Annual Income Tax Return since he has one employer during the year and the tax was properly withheld b. Nicanor is still qualified as a substituted filer provided the tax due on his compensation equals the tax withheld by his employer c. The capital gain is subject to regular tax d. The gain is not required to be reported since it is a non-business/non-professional income Explanation: Gains derived in dealings of property is subject to regular tax. Only capital gains from sale or disposition of unlisted shares and real property classified as capital asset are not required to be reported as they are subject to capital gains tax. Comprehensive Problem: Nicanor disclosed the following 2022 transactions for your review: Customers Amount of Sale Senior citizens 100,000.00 Persons with disability 50,000.00 Solo parents 50,000.00 National Athletes 50,000.00 Athletes 50,000.00 Regular customers 400,000.00 Government 1,000,000.00 Total 1,700,000.00 He asked you to compute the following: Amount collected 100,000.00 50,000.00 50,000.00 50,000.00 50,000.00 300,000.00 500,000.00 1,100,000.00 55. Assuming Nicanor is VAT-registered seller of goods, how much is the total output tax required to be reported in the VAT return? a. Php 102,000.00 b. Php 108,000.00 c. Php 174,000.00 d. Php 180,000.00 Solution: Total sales to athletes, regular customers and government Php 1.5M x 12% 56. Assuming Nicanor is VAT-registered seller of goods, how much is the VAT-exempt transaction required to be reported in the VAT return? a. Php 150,000.00 b. Php 200,000.00 c. Php 250,000.00 d. Php 300,000.00 Solution: Sales to senior citizens, PWDs and solo parents only. Athletes are subject to 12% rate. 57. Assuming Nicanor is VAT-registered seller of service, how much is the total output tax required to be reported in the VAT return? a. Php 102,000.00 b. Php 108,000.00 c. Php 174,000.00 d. Php 180,000.00 Solution: Collections from sales to athletes, regular customers and government Php 900,000 x 12% 58. Assuming Nicanor is Non-VAT-registered seller of service, how much is the percentage tax PAYABLE assuming further that the required withholding was made by the government? a. Php 6,000.00 b. Php 7,000.00 c. Php 11,000.00 d. Php 17,000.00 Solution: Customers Amount of Sale Senior citizens 100,000.00 Persons with disability 50,000.00 Solo parents 50,000.00 National Athletes 50,000.00 Athletes 50,000.00 Regular customers 400,000.00 Government 1,000,000.00 Total sales 1,700,000.00 Rate 1% Percentage tax due 17,000.00 Less: percentage tax withheld by government (1M x 1%) 10,000.00 Percentage tax payable 7,000.00 Note: For PT-registered taxpayers, percentage tax is based on sale. The rule on imposition of VAT based on collection is for VAT-registered taxpayers only and does not extend to PT-registered taxpayers. Comprehensive Problem: A taxpayer has the following financial information: Gross sales 5,000,000 Cost of sales 4,000,000 Gross income 1,000,000 Deductions 500,000 Taxable income (loss) 500,000 Other information: • The taxpayer has non-operating income (rent income) of Php 200,000.00. • The taxpayer has opted Optional Standard Deduction as method of deduction. 59. Assuming the taxpayer is an individual taxpayer, how much is the taxable income? a. Php 700,000.00 b. Php 720,000.00 c. Php 3,200,000.00 d. Php 3,120,000.00 Solution: Gross sales 5,000,000 Less: OSD (40%) 2,000,000 Gross income 3,000,000 Add: NOI-Rent income 200,000 Taxable income 3,200,000 60. Assuming the taxpayer is a non-individual taxpayer, how much is the taxable income? a. Php 720,000.00 b. Php 800,000.00 c. Php 3,120,000.00 d. Php 3,200,000.00 Solution: Gross sales 5,000,000 Cost of sales 4,000,000 Gross income 1,000,000 Add: NOI-Rent income 200,000 Total gross income 1,200,000 Less: OSD (40%) 480,000 Taxable income 720,000 Comprehensive Problem The following were culled from the records of ABC Corp., a non-VAT trading company under BIR audit due to a complaint for non-issuance of receipts: Statement of Financial Position (Balance Sheet) per books: Assets 2021 Cash 2,000,000.00 Accounts Receivable 3,000,000.00 Merchandise Inventory 4,000,000.00 PPE 5,000,000.00 Total Assets 14,000,000.00 Liabilities Accounts Payable 500,000.00 Other Payables 300,000.00 Total Liabilities 800,000.00 2020 1,000,000.00 2,000,000.00 2,000,000.00 3,000,000.00 8,000,000.00 200,000.00 150,000.00 350,000.00 Statement of Comprehensive Income (Income Statement) per return (AITR): 2021 Gross sales 6,000,000.00 Sales returns and discounts 0.00 Net Sales 6,000,000.00 Less: Cost of sales: Beginning Inventory 2,000,000.00 Add: Purchases 5,000,000.00 Total available for sale 7,000,000.00 Less: Ending inventory 4,000,000.00 3,000,000.00 Gross income 3,000,000.00 Less: Expenses: Salaries and wages 500,000.00 Depreciation 500,000.00 Rent 500,000.00 Transportation and travel 500,000.00 Contractor’s expense 500,000.00 2,500,000.00 Net income 500,000.00 The Company intentionally did not file any corresponding tax returns except the annual income tax return where it paid Php 100,000.00. • • • • • • Audit findings: Under-declared sales of Php 4,000,000.00. Cost of sales is correct. Salaries and wages amounting to Php 200,000.00 were given to ghost employees. No withholding was made on rent and contractor’s expenses. No proof of transportation and travel expense in the amount of Php 100,000.00. Total actual input tax paid is Php 500,000.00. 61. In preparing the necessary assessment, how much is the total deficiency income tax including increments? (Compute the interest until May 15, 2023) a. Php 1,525,500.00 b. Php 1,727,800.00 c. Php 1,863,000.00 d. Php 2,200,500.00 Solution: Net income per books/AITR Add: Adjustments: Undeclared sales Disallowed Salaries and wages Disallowed due to non-withholding on rent Disallowed due to non-withholding on contractor’s exp Disallowed due to non-substantiation of travel Adjusted taxable income 500,000.00 4,000,000.00 200,000.00 500,000.00 500,000.00 100,000.00 5,300,000.00 5,800,000.00 Income tax due (25% rate) 1,450,000.00 Less: tax paid 100,000.00 Deficiency basic income tax 1,350,000.00 Surcharge (50%) 675,000.00 Interest (12%) 4/16/22-5/15/23 175,500.00 850,500.00 Total Deficiency Income Tax 2,200,500.00 Note: tax rate is 25% since taxable income exceeded 5M. 50%Surcharge is imposable due to non-issuance of receipts and under-declaration is more than 30%. Assessment is not subject to compromise penalty. 62. How much is the deficiency basic value-added tax? a. Php 340,000.00 b. Php 700,000.00 c. Php 840,000.00 d. Php 1,200,000.00 Solution: Gross sales 10,000,000.00 Less: Non-VAT sales 3,000,000.00 VATable sales 7,000,000.00 Multiply by rate 12% Output tax 840,000.00 Less: input tax 0.00 VAT tax due 840,000.00 Less: tax paid 0.00 Deficiency basic VAT 840,000.00 Note: Taxpayer is not entitled to input tax because of non-registration to VAT 63. Assuming ABC Corp., is a top withholding agent, how much is the deficiency basic expanded withholding tax? a. Php 85,000.00 b. Php 95,000.00 c. Php 105,000.00 d. Php 115,000.00 Solution: Income Payment Amount Rate EWT Purchase of goods 5,000,000.00 1% 50,000.00 Purchase of PPE 2,000,000.00 1% 20,000.00 Rent 500,000.00 5% 25,000.00 Contractor’s expense 500,000.00 2% 10,000.00 Total 105,000.00 64. The following were lifted from the 2022 sales books and the duly filed percentage tax returns of ABC Corp.: Head Office Branch 1 Branch 2 Branch 3 Gross Sales 700,000.00 300,000.00 200,000.00 100,000.00 Percentage tax returns: 1st Quarter 200,000.00 150,000.00 No return filed 100,000.00 nd 2 Quarter 100,000.00 No return filed 50,000.00 No return filed rd 3 Quarter 150,000.00 50,000.00 No return filed No return filed th 4 Quarter No return filed 50,000.00 No return filed No return filed The Head Office’s and the Branches’ Certificate of Registration showed Percentage Tax Return as one of the tax types. You were engaged to handle tax compliance of the Company. The total deficiency basic percentage tax you will recommend for payment in the amendment of the returns is: a. Php0.00 b. Php 2,000.00 c. Php 4,500.00 d. Php 45,000.00 Solution: Head Office Branch 1 Branch 2 Branch 3 Gross Sales 700,000.00 300,000.00 200,000.00 100,000.00 Percentage returns: 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total Discrepancy Total Rate Deficiency PT tax 200,000.00 100,000.00 150,000.00 0 450,000.00 250,000.00 450,000.00 1% 4,500.00 150,000.00 0 50,000.00 50,000.00 250,000.00 50,000.00 0 50,000.00 0 0 50,000.00 150,000.00 100,000.00 0 0 0 100,000.00 0 65. The records of ABC Corp., a VAT-registered taxpayer, for the TY 2022 are disclosed below: Month Description of purchase Amount Input Tax January Inventory 1,000,000.00 120,000.00 Machinery 2,000,000.00 240,000.00 February Inventory 500,000.00 60,000.00 Equipment 1,500,000.00 90,000.00 March Inventory 2,000,000.00 240,000.00 Delivery truck 3,000,000.00 360,000.00 Total 10,000,000.00 1,200,000.00 Note: Life of machinery, equipment and delivery truck is five (5) years How much is the total input tax creditable against the output tax? a. Php 420,000.00 b. Php 441,000.00 c. Php 1,179,000.00 d. Php 1, 200,000.00 Solution: 1,200,000.00. All input taxes are creditable including the input tax on purchase of depreciable goods exceeding Php1,000,000.00 beginning January 1, 2022. 66. ABC Corp., a domestic manufacturing company, shared the following information: Direct materials – Php 5,000,000.00 Direct labor – Php 3,000,000.00 Factory overhead – Php 3,000,000.00 Assuming actual training expenses for skills development of employees paid to private enterprises (with apprenticeship agreement) is Php 1,000,000.00, how much is the additional deduction that can be claimed by the Company? a. Php 0.00 b. Php 300,000.00 c. Php 500,000.00 d. Php 1,000,000.00 Solution: Additional deduction is allowed only if enrolled in public schools. 67. The General Information Sheet duly filed by ABC Corp., a domestic corporation whose shares are not listed, with the Securities and Exchange Commission showed the following: Stockholder Number of Shares Par Value (acquisition cost) DEF Corp. (DC) 10,000 1,000,000.00 GHI Corp. (RFC) 10,000 1,000,000.00 JKL Corp. (NRFC) 10,000 1,000,000.00 MNO Corp. (DC) 10,000 1,000,000.00 Nicanor 10,000 1,000,000.00 JKL Corp. sold its shares to XYZ Corp., a non-resident foreign corporation for Php 2,000,000.00. How much is the capital gains tax to be paid before transfer? a. Php 0 b. Php 150,000.00 c. Php 250,000.00 d. Php 300,000.00 Solution: Selling price less cost (2,000,000.00-1,000,000) equals net capital gain times 15% 68. Nicanor donated the following properties in 2022: Land to Department of Education for construction of elementary school Acquisition cost – Php 5,000,000.00 Zonal value – Php 4,000,000.00 Assessor’s fair value – Php 3,000,000.00 Prevailing market rate – Php 10,000,000.00 Land to Saint Nichols Academia, his alma mater in Acquisition cost – Php 1,000,000.00 high school, a private non-stock, non-profit Zonal value – Php 3,000,000.00 institution Assessor’s fair value – Php 2,000,000.00 Cash to Mahal Kita Foundation, accredited by Php 1,000,000.00 Philippine Council for NGO Certification Cash to a priest Php 1,000,000.00 How much is the donor’s tax? a. Php 45,000.00 b. Php 225,000.00 c. Php 285,000.00 d. Php 525,000.00 Solution: Land to Saint Nichols Academia, his alma mater in high school, Php 3,000,000.00 a private non-stock, non-profit institution Cash to Inday 1,000,000.00 Total donation 4,000,000.00 Less: exempt donation 250,000.00 Taxable donation 3,750,000.00 Rate 6% Donor’s tax 225,000.00 Note: Donation to the government (education is a priority area) and to ACCREDITED NGO are exempt from taxation. Donation to a non-stock, non-profit institution is taxable if without accreditation from PCNC. Donation to a priest is a taxable donation. 69. Inday provided you the list of the estate of Nicanor who died intestate on February 14, 2023. The following are the details: Properties: • Family home – Php 15,000,000.00 • Inherited land – Php 5,000,000.00 • 1000 Shares in ABC Corp. an unlisted company – 5,000,000.00 • Bank deposits – Php 5,000,000.00 • Motor vehicles – Php 5,000,000.00 Other information: • Funeral Expenses – Php 1,000,000.00 • Loss incurred on February 13, 2023 – Php 1,000,000.00 How much is the estate tax due? a. Php 150,000.00 b. Php 300,000.00 c. Php 450,000.00 d. Php 750,000.00 Solution: Exclusive Conjugal Total Family Home 15,000,000 15,000,000 Inherited land 5,000,000 5,000,000 Shares of stocks 5,000,000 5,000,000 Bank deposits 5,000,000 5,000,000 Motor vehicle 5,000,000 5,000,000 Gross estate 35,000,000 Less: Share of spouse 15,000,000 15,000,000 Estate after share 20,000,000 Less: special deductions Standard deduction 5,000,000 Family Home 7,500,000 12,500,000 Net estate 7,500,000 Rate 6% Estate tax 450,000 70. ABC Corp. has made the following transactions: Transactions Subscribed shares of stock at XYZ Corp. (DC) with par value Php100 Loan - private entities Loan – PRTC Bank Rent Donation of real property (zonal is higher) Cash donation How much is the total documentary stamp tax required to be paid? a. Php 27,002.00 b. Php 34,500.00 c. Php 34,502.00 d. Php 42,002.00 Solution: Transactions Amount Subscribed shares of stock at XYZ Corp. (DC) 1,000,000.00 Loan - private entities 1,000,000.00 Loan – PRTC Bank 1,000,000.00 Rent 1,000,000.00 Donation of real property (zonal is higher) Cash donation Total DST 1,000,000.00 1,000,000.00 Amount 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 Rate 2/200 1.50/200 1.50/200 st 1 2,000-P6 Excess P2/1,000 15/1000 0 DST 10,000.00 7,500.00 7,500.00 2,002.00 7,500.00 0 34,502.00 Regulatory Framework for Business Transactions 1. Jose owes Pepe and Pilar P40,000. Jose defaults upon maturity and so Pepe and Pilar sued him. Complaint was filed in the appropriate court and after answer to the complaint by Jose, Pepe assigns his credit to Pilar for only P10,000. Can Jose exercise his right of legal redemption? a. Yes, within 30 days from the assignment of the credit in litigation b. Yes, within 30 days from the demand to pay by the creditor c. No, the parties did not reserve the right to redeem in the problem d. No, because the assignment of credit is made to a co-owner e. No, legal redemption is not given in pacto de retro sale Article 1634. When a credit or other incorporeal right in litigation is sold, the debtor shall have a right to extinguish it by reimbursing the assignee for the price the latter paid therefor, the judicial costs incurred by him, and the interest on the price from the day on which the same was paid. A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered. The debtor may exercise his right within thirty days from the date the assignee demands payment from him. (1535) Article 1635. From the provisions of the preceding article shall be excepted the assignments or sales made: (1) To a co-heir or co-owner of the right assigned; (2) To a creditor in payment of his credit; (3) To the possessor of a tenement or piece of land which is subject to the right in litigation assigned. (1536) 2. I. The pledgor or mortgagor must be the absolute owner of the property given as a security. II. The pledgor or mortgagor must be the debtor. III. The pledgor or mortgagor must have the free disposal of his property. a. I, II and III are true b. I and III are true; II is false c. I is true; II and III are false d. II is true, I and III are false e. All are false Article 2085. The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation; (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. (1857) 3. Which of the following entities is not among the covered persons of AMLA? a. Thrift Bank of Lugi who receives deposits from corporations only b. CPA-Lawyer who acts as legal counsel of Thrift Bank of Lugi c. Casino who regularly deposits money to Thrift Bank of Lugi d. Jewelry dealer of the President of Thrift Bank of Lugi However, “Covered persons” shall exclude lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where disclosure of information would compromise client confidences or the attorney-client relationship. (Sec. 3, RA 10365) 4. In which of the following situations is the Government Procurement Reform Act not applicable? a. b. c. d. The project of the City of Manila for rehabilitation of its roads and bridges The project of Department of Human Settlements and Urban Development for housing project which requires acquisition of 3 hectares of land in the City of Manila. The City of Manila wants to hire 20 CPA-Lawyers as their consultants in various departments of the City Barangay 123 of the City of Manila wants to procure goods for its constituents EXCEPT: (1) Procurement for goods, infrastructure projects, and consulting services funded from Foreign Grants covered by RA 8182, as amended by RA 8555; (2) Acquisition of Real Property which shall be governed by RA 8794; (3) Public-Private sector infrastructure or development projects and other procurement covered by RA 6957, as amended by RA 7718; (4) Disposal of Government properties; (5) Leasing out of publicly-owned real property for private use (6) Formation of joint venture partnerships between government corporations and private entities 5. Which of the following instances is Lemon Law rights applicable? a. b. c. d. e. A brand-new car modified by the owner thereof which entailed cutting of some of its electrical wirings A brand-new car damaged due to accident or force majeure A brand-new car that did not comply with the change oil policy of the manufacturer for its warranty A brand-new car which entailed four separate repair attempts within the 12-month period A brand-new car which was neglected in an open space and left to rot in the rain Exceptions in Lemon Law - Non-compliance of obligations under the warranty Unauthorized modifications Abuse or neglect of the BNMV Damage to vehicle due to accident or force majeure 6. S1: All “per se violations” are needed to be determined by the Philippine Competition Commission as illegal by inquiring into the circumstances affecting it. S2: In case of “not per se violations”, it is enough that such agreement between competitors be shown to exist for it to be considered a violation. a. True, True b. True, False c. False, False d. False, True What Are Per Se Violations? These anti-competitive agreements that are inherently illegal and require no further inquiry into their actual effect on the market or the intentions of the parties who engaged in the illegal act or agreement. The Philippine Competition Act classifies price fixing and bid rigging as per se violations. See PCA Chapter 3, Section 14 (a) What Are Not Per Se Violations? Not per se violations are other anti-competitive agreements prohibited by the law which have the object or effect of substantially preventing, restricting, or lessening competition. Since these agreements are not per se illegal, the PCC needs to conduct inquiries to determine whether they restrict competition and violate the PCA. See PCA Chapter 3, Section 14 (b) and (c) 7. Miguel, a special customs agent is charged before the Ombudsman with having acquired property out of proportion to his salary, in violation of the Anti-Graft and Corrupt Practices Act. The Ombudsman issued a subpoena duces tecum to Banco de Cinco commanding its representative to furnish the Ombudsman records of transactions by or in the name of Miguel, his wife and children. A second subpoena was issued expanding the first by including the production of records of friends of Miguel in said bank and in all its branches and extension offices, specifically naming them. Miguel moved to quash the subpoenas arguing that they violate the Secrecy of Bank Deposits Law. In addition, he contends that the subpoenas are in the nature of ―fishing expedition or ―general warrants and are constitutionally impermissible with respect to private individuals who are not under investigation. Is Miguel‘s contention tenable? a. Tenable, there was a clear denial of the right to due process since there was no proper hearing. b. Not tenable, the inquiry into illegally acquired property extends to cases where such property is concealed by being held by or recorded in the name of other persons. c. Not tenable, the AMLC should be the one in-charge of the investigation d. Tenable, the properties are owned by his family members The Ombudsman has the power to issue subpoena and subpoena duces tecum, take testimony in any investigation or inquiry, as well as examine and access bank accounts and records. Bank deposits of a public official, his spouse and unmarried children may be taken into consideration in the enforcement of Section 8 of The Anti-Graft and Corrupt Practices Act. 8. After many years of shopping in the Metro Manila area, housewife HW has developed the sound habit of making cash purchases only, none on credit. In one shopping trip to Super Mall, she got the shock of her shopping life for the first time, a store‘s smart salesgirl refused to accept her coins in payment for a purchase worth not more than two hundred pesos. HW was paying using her meticulously saved coins in the denominations of 25 centavos, 1 peso, 5 pesos, 10 pesos and 20 pesos. Strange as it may seem, the salesgirl told HW that her coins were not ―legal tender. Being one of the shoppers in Super Mall, please select the legal tender of coins. i. 25 centavos up to P100 ii. 25 centavos up to P200 iii. 25 centavos up to P500 iv. 1 peso, 5 pesos, 10 pesos, 20 pesos up to P1,000 v. 1 peso, 5 pesos, 10 pesos 20 pesos up to P2,000 vi. 1 peso, 5 pesos, 10 pesos 20 pesos up to P5,000 a. b. i and ii only ii and v only c. d. e. iii and vi only iii and v only ii and v only 9. Dana Gianina purchased on a 36-month installment basis the latest model of the Nissan Sentra Sedan car from the Jobel Cars Inc. In addition to the advertised selling price, the Jobel cars imposed finance charges consisting of interests, fees and service charges. It did not, however, submit to Dana a written statement setting forth therein the information required by the Truth in Lending Act (RA 3765). Nevertheless, the conditional deed of sale which the parties executed mentioned that the total amount indicated therein included such finance charges. Has there been substantial compliance of the aforesaid Act? a. b. c. d. Yes, the conditional sale provided the curative effect which shall retroact to the date when the loan was released Yes, partial compliance shall mean full compliance with the law No, the consent of Dana was not properly obtained since it was not notarized No, subsequent compliance to the law shall likewise mean non-compliance It cannot be deemed in substantial compliance with the law (UCPB v. Beluso). The Court of Appeals held that the imposition of interest in the following provision found in the promissory notes of the spouses Beluso is void, as the interest rates and the bases therefor were determined solely by petitioner. 10. Chito Santos is a director of both Platinum Bank and Kwik Pawnshop. He owns 10% of the outstanding capital stock of Platinum Bank and 40% of Kwik Pawnshop. Platinum plans to enter into a contract with Kwik that will make both companies earn very substantial profits. The contract is presented at the respective board meetings of Platinum and Kwik. In order that the contract will not be voidable, what conditions will have to be complied with, except: Chito would have to make sure that a. his presence as director at the meeting is not necessary to constitute a quorum for such meeting b. his vote is not necessary for the approval of the contract c. the contract is fair and reasonable under the circumstances d. Majority vote of the directors and 2/3 vote of the independent directors approve the material contract e. Only d is not applicable to be complied with in the meeting concerned SEC. 31. Dealings of Directors, Trustees or Officers with the Corporation. – A contract of the corporation with (1) one or more of its directors, trustees, officers or their spouses and relatives within the fourth civil degree of consanguinity or affinity is voidable, at the option of such corporation, unless all the following conditions are present: (a) The presence of such director or trustee in the board meeting in which the contract was approved was not necessary to constitute a quorum for such meeting; (b) The vote of such director or trustee was not necessary for the approval of the contract; (c) The contract is fair and reasonable under the circumstances; (d) In case of corporations vested with public interest, material contracts are approved by at least two-thirds (2/3) of the entire membership of the board, with at least a majority of the independent directors voting to approve the material contract; and (e) In case of an officer, the contract has been previously authorized by the board of directors. Where any of the first three (3) conditions set forth in the preceding paragraph is absent, in the case of a contract with a director or trustee, such contract may be ratified by the vote of the stockholders representing at least two-thirds (2/3) of the outstanding capital stock or of at least two-thirds (2/3) of the members in a meeting called for the purpose: Provided, That full disclosure of the adverse interest of the directors or trustees involved is made at such meeting and the contract is fair and reasonable under the circumstances. 11. The BOD of X Co, acting on a standing authority of the stockholders to amend the by-laws, amended its by-laws so as to disqualify any of its stockholders who is also a stockholder and director of a competitor from being elected to its BOD. Y, a stockholder holding sufficient assets to assure him of a seat in the BOD, filed a petition with the SEC for a declaration of nullity of the amended by-laws. He alleged among other things that as a stockholder, he had acquired rights inherent in stock ownership such as the right to vote and be voted upon in the election of directors. Is the stockholder‘s petition tenable? a. Corporations have the power to make by-laws declaring a person employed in the service of a rival company to be ineligible for the Corporation‘s BOD b. No, by-laws cannot contravene the provisions of the Corporation Code c. No, by-laws cannot contravene the provisions of the Articles of Incorporation d. No, both C and D SEC. 46. Contents of Bylaws. – A private corporation may provide the following in its bylaws: (a) The time, place and manner of calling and conducting regular or special meetings of the directors or trustees; (b) The time and manner of calling and conducting regular or special meetings and mode of notifying the stockholders or members thereof; (c) The required quorum in meetings of stockholders or members and the manner of voting therein; (d) The modes by which a stockholder, member, director, or trustee may attend meetings and cast their votes; (e) The form for proxies of stockholders and members and the manner of voting them; (f) The directors’ or trustees’ qualifications, duties and responsibilities, the guidelines for setting the compensation of directors or trustees and officers, and the maximum number of other board representations that an independent director or trustee may have which shall, in no case, be more than the number prescribed by the Commission; (g) The time for holding the annual election of directors or trustees and the mode or manner of giving notice thereof; (h) The manner of election or appointment and the term of office of all officers other than directors or trustees; (i) The penalties for violation of the bylaws; (j) In the case of stock corporations, the manner of issuing stock certificates; and (k) Such other matters as may be necessary for the proper or convenient transaction of its corporate affairs for the promotion of good governance and anti-graft and corruption measures. A corporation has the inherent power to adopt by-laws for its internal government and to regulate the conduct and prescribe the rights and duties of its members towards itself and among themselves about the management of its affairs. The Corporation law also allows a corporation to prescribe in its by-laws the qualifications, duties, and compensation of directors, officers, and employees. (Gokongwei v. SEC, April 11, 1979) 12. Mr. A applied for a medical life insurance. The insured did not inform the insurer that one week prior to his application for insurance, he was examined and confined at St. Luke‘s Hospital where he was diagnosed for lung cancer. The insured soon thereafter died in a plane crash. Is the insurer liable considering that the fact concealed had no bearing with the cause of death of the insured? a. It is sufficient that his nondisclosure misled the insurer in forming his estimate of the risks of the proposed insurance policy or in making inquiries. b. The concealed fact was not material to the death of the accused. It was not the proximate cause of the death. c. The insured should have died based on the disease concealed, hence there was no concealment. d. Yes, liable since it was the remote cause of the death of the insured Concealment is the failure or neglect to communicate that which a party knows or ought to communicate. A concealment whether intentional or unintentional entitles the injured party to rescind a contract of insurance. It is not determined by the event, but the probable and reasonable influence of the facts on the party to whom communication is due or of the facts upon the party to whom the representation is made, in forming his estimate of the advantages and disadvantages of the proposed contract or in making his inquiries. 13. The essential features of partnership includes the following, except: a. The object must be lawful b. The parties must have the knowledge and expertise in the chosen field c. There must be a mutual contribution of money, property, or industry to a common fund d. There must be a valid contract e. There must be legal capacity of the parties Essential features / Elements of Partnership (1) There must be a valid contract; (2) legal capacity to enter into a contract; (3) mutual contribution of money, property or industry to a common fund; (4) lawful object; and (5) intention to divide profits and losses (1767, NCC) 14. The right of inspection is permissible in this case: a. The stockholder has improperly used the information secured through any prior examination of the records and minutes b. The stockholder made the inspection to look for irregularities committed by the BOD c. The stockholder is not acting in good faith or the inspection was not for a legitimate purpose d. The stockholder has an ulterior purpose or has intention to use the information inappropriately to the prejudice of the corporation SEC. 73. Books to be Kept; Stock Transfer Agent. – Every corporation shall keep and carefully preserve at its principal office all information relating to the corporation including, but not limited to: (a) The articles of incorporation and bylaws of the corporation and all their amendments; (b) The current ownership structure and voting rights of the corporation, including lists of stockholders or members, group structures, intra-group relations, ownership data, and beneficial ownership; (c) The names and addresses of all the members of the board of directors or trustees and the executive officers; (d) A record of all business transactions; (e) A record of the resolutions of the board of directors or trustees and of the stockholders or members; (f) Copies of the latest reportorial requirements submitted to the Commission; and (g) The minutes of all meetings of stockholders or members, or of the board of directors or trustees. Such minutes shall set forth in detail, among others: the time and place of the meeting held, how it was authorized, the notice given, the agenda therefor, whether the meeting was regular or special, its object if special, those present and absent, and every act done or ordered done at the meeting. Upon the demand of a director, trustee, stockholder or member, the time when any director, trustee, stockholder or member entered or left the meeting must be noted in the minutes; and on a similar demand, the yeas and nays must be taken on any motion or proposition, and a record thereof carefully made. The protest of a director, trustee, stockholder or member on any action or proposed action must be recorded in full upon their demand. Corporate records, regardless of the form in which they are stored, shall be open to inspection by any director, trustee, stockholder or member of the corporation in person or by a representative at reasonable hours on business days, and a demand in writing may be made by such director, trustee or stockholder at their expense, for copies of such records or excerpts from said records. The inspecting or reproducing party shall remain bound by confidentiality rules under prevailing laws, such as the rules on trade secrets or processes under Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, as amended, Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, Republic Act No. 8799, otherwise known as “The Securities Regulation Code”, and the Rules of Court. Page 35 of 73 A requesting party who is not a stockholder or member of record, or is a competitor, director, officer, controlling stockholder or otherwise represents the interests of a competitor shall have no right to inspect or demand reproduction of corporate records. Any stockholder who shall abuse the rights granted under this section shall be penalized under Section 158 of this Code, without prejudice to the provisions of Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, as amended, and Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”. Any officer or agent of the corporation who shall refuse to allow the inspection and/or reproduction of records in accordance with the provisions of this Code shall be liable to such director, trustee, stockholder or member for damages, and in addition, shall be guilty of an offense which shall be punishable under Section 161 of this Code: Provided, That if such refusal is made pursuant to a resolution or order of the board of directors or trustees, the liability under this section for such action shall be imposed upon the directors or trustees who voted for such refusal: Provided, further, That it shall be a defense to any action under this section that the person demanding to examine and copy excerpts from the corporation’s records and minutes has improperly used any information secured through any prior examination of the records or minutes of such corporation or of any other corporation, or was not acting in good faith or for a legitimate purpose in making the demand to examine or reproduce corporate records, or is a competitor, director, officer, controlling stockholder or otherwise represents the interests of a competitor. If the corporation denies or does not act on a demand for inspection and/or reproduction, the aggrieved party may report such to the Commission. Within five (5) days from receipt of such report, the Commission shall conduct a summary investigation and issue an order directing the inspection or reproduction of the requested records. Stock corporations must also keep a stock and transfer book, which shall contain a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stocks for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, by and to whom made; and such other entries as the bylaws may prescribe. The stock and transfer book shall be kept in the principal office of the corporation or in the office of its stock transfer agent and shall be open for inspection by any director or stockholder of the corporation at reasonable hours on business days. A stock transfer agent or one engaged principally in the business of registering transfers of stocks in behalf of a stock corporation shall be allowed to operate in the Philippines upon securing a license from the Commission and the payment of a fee to be fixed by the Commission, which shall be renewable annually: Provided, That a stock corporation is not precluded from performing or making transfers of its own stocks, in which case all the rules and regulations imposed on stock transfer agents, except the payment of a license fee herein provided, shall be applicable: Provided, further, That the Commission may require stock corporations which transfer and/or trade stocks in secondary markets to have an independent transfer agent. 15. Allan bought Billy’s property through Carlos, an agent empowered with a special power of attorney (SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay directly to him. On learning of this, Carlos, Billy's agent, told Allan to pay through him as his SPA provided and to protect his commission. Faced with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct? a. No, since consignation without tender of payment is allowed in the face of the conflicting claims on the plaintiff. b. Yes, as owner of the property sold, Billy can demand payment directly to himself. c. Yes, since Allan made no announcement of the tender. d. Yes, a tender of payment is required for a valid consignation Article 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. 16. The rule is that no stock dividend shall be issued without the approval of stockholders representing at least 2/3 of the outstanding capital stock at a regular or special meeting called for the purpose. As to other forms of dividends: a. a mere majority of the entire Board of Directors applies b. a mere majority of the quorum of the Board of Directors applies c. a mere majority of the votes of stockholders representing the outstanding capital stock applies d. the same rule of 2/3 of the OCS vote applies SEC. 42. Power to Declare Dividends. – The board of directors of a stock corporation may declare dividends out of the unrestricted retained earnings which shall be payable in cash, property, or in stock to all stockholders on the basis of outstanding stock held by them: Provided, That any cash dividends due on delinquent stock shall first be applied to the unpaid balance on the subscription plus costs and expenses, while stock dividends shall be withheld from the delinquent stockholders until their unpaid subscription is fully paid: Provided, further, That no stock dividend shall be issued without the approval of stockholders representing at least two-thirds (2/3) of the outstanding capital stock at a regular or special meeting duly called for the purpose. Stock corporations are prohibited from retaining surplus profits in excess of one hundred percent (100%) of their paid-in capital stock, except: (a) when justified by definite corporate expansion projects or programs approved by the board of directors; or (b) when the corporation is prohibited under any loan agreement with financial institutions or creditors, whether local or foreign, from declaring dividends without their consent, and such consent has not yet been secured; or (c) when it can be clearly shown that such retention is necessary under special circumstances obtaining in the corporation, such as when there is need for special reserve for probable contingencies. SEC. 52. Regular and Special Meetings of Directors or Trustees; Quorum. – Unless the articles of incorporation or the bylaws provides for a greater majority, a majority of the directors or trustees as stated in the articles of incorporation shall constitute a quorum to transact corporate business, and every decision reached by at least a majority of the directors or trustees constituting a quorum, except for the election of officers which shall require the vote of a majority of all the members of the board, shall be valid as a corporate act. 17. AA is a partner in ABC Co. He was provided a company vehicle for his use in the usual conduct of the business. While on his way to meet the client, he drove recklessly and sideswiped a pedestrian and incurred damages amounting to P500,000.00 of hospital expenses. Under the circumstances, a. Only AA is solely liable since it arises out of his personal act b. The partnership and the partners of ABC Co. are solidarily liable c. AA is principally liable and the partnership is secondarily liable d. There is no liability since there is no contractual liability between the partnership and the pedestrian. e. The partnership and the partners of ABC Co. are pro rata and subsidiarily liable for the contractual obligation. Article 1822. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act. (n) Article 1824. All partners are liable solidarily with the partnership for everything chargeable to the partnership under articles 1822 and 1823. (n) 18. The principal duty of a resident agent is: a. To manage the day-to-day operations for and on behalf of the foreign corporation b. To establish effective operation controls for and on behalf of the foreign corporation c. To receive for and on behalf of the foreign corporation notices, summons and other legal processes in connection with actions against such corporation d. To administer properties, supervise personnel, and manage the finances of the foreign corporation e. To act as receiver of the foreign corporation SEC. 144. Who May be a Resident Agent. – A resident agent may be either an individual residing in the Philippines or a domestic corporation lawfully transacting business in the Philippines: Provided, That an individual resident agent must be of good moral character and of sound financial standing: Provided, further, That in case of a domestic corporation who will act as a resident agent, it must likewise be of sound financial standing and must show proof that it is in good standing as certified by the Commission. SEC. 145. Resident Agent; Service of Process. – As a condition to the issuance of the license for a foreign corporation to transact business in the Philippines, such corporation shall file with the Commission a written power of attorney designating a person who must be a resident of the Philippines, on whom summons and other legal processes may be served in all actions or other legal proceedings against such corporation, and consenting that service upon such resident agent shall be admitted and held as valid as if served upon the duly authorized officers of the foreign corporation at its home office. Such foreign corporation shall likewise execute and file with the Commission an agreement or stipulation, executed by the proper authorities of said corporation, in form and substance as follows: Page 61 of 73 “The (name of foreign corporation) hereby stipulates and agrees, in consideration of being granted a license to transact business in the Philippines, that if the corporation shall cease to transact business in the Philippines, or shall be without any resident agent in the Philippines on whom any summons or other legal processes may be served, then service of any summons or other legal process may be made upon the Commission in any action or proceeding arising out of any business or transaction which occurred in the Philippines and such service shall have the same force and effect as if made upon the duly authorized officers of the corporation at its home office.” Whenever such service of summons or other process is made upon the Commission, the Commission shall, within ten (10) days thereafter, transmit by mail a copy of such summons or other legal process to the corporation at its home or principal office. The sending of such copy by the Commission shall be a necessary part of and shall complete such service. All expenses incurred by the Commission for such service shall be paid in advance by the party at whose instance the service is made. It shall be the duty of the resident agent to immediately notify the Commission in writing of any change in the resident agent’s address. 19. Which of the following action will prescribe in six (6) years? a. b. c. d. e. Unlawful detainer Obligation arising from written contract Obligation arising from quasi contract Obligation arising from quasi delict Obligations created by law Article 1139. Actions prescribe by the mere lapse of time fixed by law. (1961) Article 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132, and without prejudice to the provisions of articles 559, 1505, and 1133. (1962a) Article 1141. Real actions over immovables prescribe after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963) Article 1142. A mortgage action prescribes after ten years. (1964a) Article 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (1) To demand a right of way, regulated in article 649; (2) To bring an action to abate a public or private nuisance. (n) Article 1144. The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract; (2) Upon an obligation created by law; (3) Upon a judgment. (n) Article 1145. The following actions must be commenced within six years: (1) Upon an oral contract; (2) Upon a quasicontract. (n) Article 1146. The following actions must be instituted within four years: (1) Upon an injury to the rights of the plaintiff; (2) Upon a quasi-delict; However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.) Article 1147. The following actions must be filed within one year: (1) For forcible entry and detainer; (2) For defamation. (n) 20. A corporation sole commences its legal personality a. From and after the filing with the Securities and Exchange Commission of the said articles of incorporation. b. From the date the Securities and Exchange Commission issues a certificate of incorporation under its official seal. c. From the execution of the articles of incorporation by the chief archbishop, bishop, priest, minister, rabbi or presiding elder of any religious denomination. d. Upon approval by congress granting juridical personality. e. From his appointment by the particular religious sect to which he belongs SEC. 110. Submission of the Articles of Incorporation. – The articles of incorporation must be verified, by affidavit or affirmation of the chief archbishop, bishop, priest, minister, rabbi, or presiding elder, as the case may be, and accompanied by a copy of the commission, certificate of election or letter of appointment of such chief archbishop, bishop, priest, minister, rabbi, or presiding elder, duly certified to be correct by any notary public. From and after filing with the Commission of the said articles of incorporation, verified by affidavit or affirmation, and accompanied by the documents mentioned in the preceding paragraph, such chief archbishop, bishop, priest, minister, rabbi, or presiding elder shall become a corporation sole and all temporalities, estate and properties of the religious denomination, sect or church theretofore administered or managed as such chief archbishop, bishop, priest, minister, rabbi, or presiding elder shall be personally held in trust as a corporation sole, for the use, purpose, Page 49 of 73 exclusive benefit and on behalf of the religious denomination, sect or church, including hospitals, schools, colleges, orphan asylums, parsonages, and cemeteries thereof. 21. D bound himself to deliver either specific object 1 or object 2 to C. If one of the objects is lost due to fortuitous event and without the fault of D, the effect is: a. b. c. d. D may still choose which he shall deliver, only the value of the thing lost if he chooses the same. D shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. C may choose which of the objects he wants to deliver. Obligation of D has been extinguished. e. It becomes a facultative obligation Article 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. (1134) 22. Which of the following statements is/are true? i. The right to a patent belongs to the inventor, his heirs, or assigns ii. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly iii. In case the invention is made through commission, the inventor of the work shall own the patent, unless otherwise provided in the contract. iv. In case the employee made the invention in the course of his employment contract and part of his regular duty, the patent shall belong to the employee. a. b. c. d. e. I only i and ii only i, ii, and iii only i, ii, and iv only all of the above are true Right to Patent. —The right to the patent belongs to the true and actual inventor, his heirs, legal representatives or assigns. If two or more persons have an invention jointly, the right to the patent belong to them jointly. Inventions Created Pursuant to a Commission. – The person who commissions the work shall own the patent, unless otherwise provided in the contract (Sec. 30.1, IP Code). In case the employee made the invention in the course of his employment contract, the patent shall belong to: (a) The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. 23. What is the ground that must be alleged by an individual debtor in his petition to be declared in a state of suspension of payments? a. When such individual debtor does not have sufficient assets to cover his liabilities exceeding P500,000. b. When such individual debtor has sufficient properties to cover his liabilities but he foresees the impossibility of meeting when they respectively fall due. c. When such individual debtor has already defaulted in the payment of his liabilities. d. When such individual debtor has sufficient properties to cover his liabilities but he is contemplating expanding his business. The petition for suspension of payments is filed by the individual debtor who, possessing sufficient property to cover all his debts but foreseeing the impossibility of meeting them when they respectively fall due. 24. S offered to B a specific thing for a certain price. B asked for 10 days to think of his acceptance, S agreed. Before the lapse of the 10 days, S offered it to another, X, who readily accepted the offer of S. If you are S, is your withdrawal of your offer to B valid? a. No, because we agreed on a certain number of days for him to accept b. Yes, because even if we agreed on a certain number of days for him to accept, the period was not supported by a consideration distinct from the price c. No, because I voluntarily agreed to give him a period to accept d. Yes, because I can always withdraw my offer before acceptance whether or not is was supported by a consideration e. No, there was already a perfected contract of sale Article 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. (n) If the period is not itself founded upon or supported by a consideration, the offeror is still free and has the right to withdraw the offer before its acceptance, or, if an acceptance has been made, before the offeror’s coming to know of such fact, by communicating that withdrawal to the offeree (see Art. 1324, Civil Code; see also Atkins, Kroll & Co. v. Cua, 102 Phil. 948, holding that this rule is applicable to a unilateral promise to sell under Art. 1479, modifying the previous decision in South Western Sugar v. Atlantic Gulf, 97 Phil. 249; see also Art. 1319, Civil Code; Rural Bank of Parañaque, Inc. v. Remolado, 135 SCRA 409; Sanchez v. Rigos, 45 SCRA 368). 25. S sold through a deed of sale to B a parcel of land with a non-apparent burden (which means that there are no visible signs that there is a burden over the lot) on January 10, 2021 and B entered the property on March 10, 2021. However, the fact is that there is a party wall which is registered which B does not know as a matter of fact and discovered it on April 30, 2021. Since B discovered that the lot he bought has a party wall, his remedies are: a. file an action for rescission within one year from January 10, 2021 b. file an action for rescission within one year from March 10, 2021 c. file an action for rescission after one year from January 10, 2021 d. file an action for rescission after one year from March 10, 2021 e. file an action for rescission within one year from April 30, 2021 Article 1560. If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude. (1483a) 26. Which of the following is not prohibited under the Bank Secrecy Law? a. b. c. d. Alvin, a friend of Agnes, who accompanied the latter to a bank to deposit money and disclosed that Sara deposited 5 million pesos to her bank account to his wife. Harold, a bank teller, disclosing to his wife, that his friend Gianna deposited 10 million pesos in his bank account yesterday. Carlo, an NBI agent investigating Philip because of his suspected illegal activities, examined the bank accounts of the latter. All of the above are prohibited acts. Section 2. All deposits of whatever nature with banks or banking institutions in the Philippines including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government official, bureau or office, except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation. Section 3. It shall be unlawful for any official or employee of a banking institution to disclose to any person other than those mentioned in Section two hereof any information concerning said deposits. 27. In compliance with GPRA, when shall the pre-bid conference be held? a. b. c. d. Within 10 days before the deadline for the submission and receipt of bids Within 12 days before the deadline for the submission and receipt of bids Within 14 days before the deadline for the submission and receipt of bids Within 16 days before the deadline for the submission and receipt of bids A pre-bid conference must be conducted at least twelve (12) calendar days before the deadline for the submission and receipt of bids. (IRR-A Section 22.2) Under Section 21.2.2 of the IRR of RA 9184, aside from newspaper advertisement, the Invitation to Bid shall likewise be posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website, website of the Procuring Entity and at any conspicuous place in the premises of the Procuring Entity for seven (7) calendar days, starting from the date of advertisement. After the seven (7)-day posting period, the pre-bid conference, for contracts with an approved budget of One Million Pesos PhP 1,000,000.00 and above, shall be held at least twelve (12) calendar days before the submission and receipt of bids. 28. Which among the following persons is not guilty of money laundering? a. b. c. d. A person who knowing that the money he holds is a proceed of robbery, deposits the same in a bank. A person who knowing that the money he holds is a proceed of qualified theft, uses the money in a casino transaction. A person, knowing that his neighbor holds a money which is a proceed of kidnapping for ransom, did not report the same to the AMLC. A person who knowing that the money entrusted to him by his office superior for safekeeping is a proceed of smuggling and uses the same to acquire real estate. Covered Persons • Covered Persons Supervised or Regulated by the Bangko Sentral ng Pilipinas (BSP); • Covered Persons Supervised or Regulated by the Insurance Commission (IC); • Covered Persons Supervised or Regulated by the Securities and Exchange Commission (SEC); • Designated Non-Financial Businesses and Professions (DNFBPs) - refer to businesses and professions, which are not under the supervision or regulation of the BSP, SEC and IC, and designated as covered persons under the AMLA; • Persons who provide any of the following services: • Casinos • Real Estate developers and brokers • Offshore Gaming Operators 29. A sent an email to B offering for sale his land for 1 Million pesos. D replied in the afore-said email and accepted the offer. To prove his sincerity, B immediately deposited P100,000.00 to the bank account of A to which A acknowledged the receipt through his online banking account. Is the sale valid? writing a. Yes, sale of land can now be made electronically as functional equivalent of written contracts b. No, sale of land is still governed by the Statute of Frauds, hence the sale is unenforceable not being in c. Yes, sale of land though governed by the Statute of Frauds, the E-Commerce Act provides this as an exception. d. No, sale of land is oral, hence, unenforceable. e. Yes, the sale is valid since the sale was already executed Partial performance is an exception to the Statute of Frauds. Statute of Frauds applies only to executory and not to executed contracts. (Art. 1403, [2] NCC) 30. Under the Revised Corporation Code, the By-laws of a corporation can undergo an amendment, provided: i. Majority vote of the BOD plus 2/3 of the OCS vote to ratify the act ii. Majority vote of the BOD plus Majority vote of the OCS iii. 2/3 vote only of the OCS is required iv. 2/3 vote of the OCS is required to delegate the amendment and majority vote of the OCS is required to revoke the delegation v. Majority vote of the OCS is required to delegate the amendment and 2/3 vote of the OCS is required to revoke the delegation vi. Majority vote of the OCS is required to delegate and revoke the delegation to amend a. b. c. d. e. i and iv ii and v iii and vi i and v ii and iv SEC. 47. Amendment to Bylaws. – A majority of the board of directors or trustees, and the owners of at least a majority of the outstanding capital stock, or at least a majority of the members of a nonstock corporation, at a regular or special meeting duly called for the purpose, may amend or repeal the bylaws or adopt new bylaws. The owners of two-thirds (2/3) of the outstanding capital stock or two-thirds (2/3) of the members in a nonstock corporation may delegate to the board of directors or trustees the power to amend or repeal the bylaws or adopt new bylaws: Provided, That any power delegated to the board of directors or trustees to amend or repeal the bylaws or adopt new bylaws shall be considered as revoked whenever stockholders owning or representing a majority of the outstanding capital stock or majority of the members shall so vote at a regular or special meeting. Whenever the bylaws are amended or new bylaws are adopted, the corporation shall file with the Commission such amended or new bylaws and, if applicable, the stockholders’ or members’ resolution authorizing the delegation of the power to amend and/or adopt new bylaws, duly certified under oath by the corporate secretary and a majority of the directors or trustees. The amended or new bylaws shall only be effective upon the issuance by the Commission of a certification that the same is in accordance with this Code and other relevant laws. 31. PR Corp. owns a beach resort with several cottages in Siargao. Jaime, the President of PR and a well-travelled bachelor and known for being a womanizer, occupied one of the cottages for residential purposes. After Jaime‘s term expired, PR wanted to recover possession of the cottage. Jaime refused to surrender the cottage, contending that as a stockholder and former President, he has a right to possess and enjoy the properties of the corporation. Is Jaime‘s contention correct? a. Yes, the Trust Fund Doctrine has no application in this case b. Yes, the Doctrine of Limited Liability will apply in this case c. No, the Doctrine of Automatic Assumption of Assets will apply in this situation d. No, properties registered in the name of the corporation are owned by it as an entity separate and distinct from its stockholders e. The matter must be decided by both the BOD and the OCS Doctrine of Corporate Fiction A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. The property of a corporation, however, is not the property of the stockholders or members. Properties registered in the name of the corporation are owned by it as an entity separate and distinct from those who compose it. Similarly, properties of the shareholders, members or officers of the corporation are not the properties of the corporation. 32. AA, a minority stockholder, filed a suit against BB, CC, DD, and EE, the holders of majority shares of MOP Corporation, for alleged misappropriation of corporate funds. The complaint averred, inter alia, that MOP Corporation is the corporation on whose behalf and for whose benefit the suit is to be brought. What suit can be filed? a. Individual Suit b. Class Suit c. Derivative Suit d. Representative Suit e. Mandamus A derivative suit is an action filed by stockholders to enforce a corporate action. A derivative suit is defined as one brought by one or more stockholders in the name and on behalf of the corporation to redress wrongdoings. 33. A and B are twins. They inherited from their parents townhouses which are leased to students. The rents are divided by them in equal share. In this case, A and B are: a. Partners as to each other and therefore partners as to third persons b. Partners as to each other but not partners as to third persons c. Partners as to third persons but not partners as to each other d. They are merely co-owners Article 1769. In determining whether a partnership exists, these rules shall apply: (1) Except as provided by article 1825, persons who are not partners as to each other are not partners as to third persons; (2) Co-ownership or copossession does not of itself establish a partnership, whether such-co-owners or co-possessors do or do not share any profits made by the use of the property; (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived; (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise; (b) As wages of an employee or rent to a landlord; (c) As an annuity to a widow or representative of a deceased partner; (d) As interest on a loan, though the amount of payment vary with the profits of the business; (e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise. (n) 34. Which of the following is FALSE in the exercise of a stockholder with regard to right of inspection: a. The right is absolute b. The right does not apply to foreign corporation since it is not organized under the Philippine law c. In cases of protecting trade secrets, the right may be restricted d. The right may be exercised only at reasonable hours on business days e. The right cannot be exercised by a competitor SEC. 73. Books to be Kept; Stock Transfer Agent. – Every corporation shall keep and carefully preserve at its principal office all information relating to the corporation including, but not limited to: (a) The articles of incorporation and bylaws of the corporation and all their amendments; (b) The current ownership structure and voting rights of the corporation, including lists of stockholders or members, group structures, intra-group relations, ownership data, and beneficial ownership; (c) The names and addresses of all the members of the board of directors or trustees and the executive officers; (d) A record of all business transactions; (e) A record of the resolutions of the board of directors or trustees and of the stockholders or members; (f) Copies of the latest reportorial requirements submitted to the Commission; and (g) The minutes of all meetings of stockholders or members, or of the board of directors or trustees. Such minutes shall set forth in detail, among others: the time and place of the meeting held, how it was authorized, the notice given, the agenda therefor, whether the meeting was regular or special, its object if special, those present and absent, and every act done or ordered done at the meeting. Upon the demand of a director, trustee, stockholder or member, the time when any director, trustee, stockholder or member entered or left the meeting must be noted in the minutes; and on a similar demand, the yeas and nays must be taken on any motion or proposition, and a record thereof carefully made. The protest of a director, trustee, stockholder or member on any action or proposed action must be recorded in full upon their demand. Corporate records, regardless of the form in which they are stored, shall be open to inspection by any director, trustee, stockholder or member of the corporation in person or by a representative at reasonable hours on business days, and a demand in writing may be made by such director, trustee or stockholder at their expense, for copies of such records or excerpts from said records. The inspecting or reproducing party shall remain bound by confidentiality rules under prevailing laws, such as the rules on trade secrets or processes under Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, as amended, Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, Republic Act No. 8799, otherwise known as “The Securities Regulation Code”, and the Rules of Court. Page 35 of 73 A requesting party who is not a stockholder or member of record, or is a competitor, director, officer, controlling stockholder or otherwise represents the interests of a competitor shall have no right to inspect or demand reproduction of corporate records. Any stockholder who shall abuse the rights granted under this section shall be penalized under Section 158 of this Code, without prejudice to the provisions of Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, as amended, and Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”. Any officer or agent of the corporation who shall refuse to allow the inspection and/or reproduction of records in accordance with the provisions of this Code shall be liable to such director, trustee, stockholder or member for damages, and in addition, shall be guilty of an offense which shall be punishable under Section 161 of this Code: Provided, That if such refusal is made pursuant to a resolution or order of the board of directors or trustees, the liability under this section for such action shall be imposed upon the directors or trustees who voted for such refusal: Provided, further, That it shall be a defense to any action under this section that the person demanding to examine and copy excerpts from the corporation’s records and minutes has improperly used any information secured through any prior examination of the records or minutes of such corporation or of any other corporation, or was not acting in good faith or for a legitimate purpose in making the demand to examine or reproduce corporate records, or is a competitor, director, officer, controlling stockholder or otherwise represents the interests of a competitor. If the corporation denies or does not act on a demand for inspection and/or reproduction, the aggrieved party may report such to the Commission. Within five (5) days from receipt of such report, the Commission shall conduct a summary investigation and issue an order directing the inspection or reproduction of the requested records. Stock corporations must also keep a stock and transfer book, which shall contain a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stocks for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, by and to whom made; and such other entries as the bylaws may prescribe. The stock and transfer book shall be kept in the principal office of the corporation or in the office of its stock transfer agent and shall be open for inspection by any director or stockholder of the corporation at reasonable hours on business days. A stock transfer agent or one engaged principally in the business of registering transfers of stocks in behalf of a stock corporation shall be allowed to operate in the Philippines upon securing a license from the Commission and the payment of a fee to be fixed by the Commission, which shall be renewable annually: Provided, That a stock corporation is not precluded from performing or making transfers of its own stocks, in which case all the rules and regulations imposed on stock transfer agents, except the payment of a license fee herein provided, shall be applicable: Provided, further, That the Commission may require stock corporations which transfer and/or trade stocks in secondary markets to have an independent transfer agent. “The right of inspection granted by Section 73 of the Corporation Code is not absolute, as when the stockholder is not acting in good faith and for a legitimate purpose [Gonzales v. PNB, 122 SCRA 489 (1983)]. 35. The following are the effects of dissolution, except: a. The corporation ceases as a body corporate to continue the business for which it was established b. The corporation continues as a body corporate during the winding-up or liquidation period c. Upon the expiration of the winding-up period, the corporation cease to exist for all purposes d. The corporation can still sue or be sued SEC. 139. Corporate Liquidation. – Except for banks, which shall be covered by the applicable provisions of Republic Act No. 7653, otherwise known as the “New Central Bank Act”, as amended, and Republic Act No. 3591, otherwise known as the Philippine Deposit Insurance Corporation Charter, as amended, every corporation whose charter expires pursuant to its articles of incorporation, is annulled by forfeiture, or whose corporate existence is terminated in any other manner, shall nevertheless remain as a body corporate for three (3) years after the effective date of dissolution, for the purpose of prosecuting and defending suits by or against it and enabling it to settle and close its affairs, dispose of and convey its property, and distribute its assets, but not for the purpose of continuing the business for which it was established. At any time during said three (3) years, the corporation is authorized and empowered to convey all of its property to trustees for the benefit of stockholders, members, creditors and other persons in interest. After any such conveyance by the corporation of its property in trust for the benefit of its stockholders, members, creditors and others in interest, all interest which the corporation had in the property terminates, the legal interest vests in the trustees, and the beneficial interest in the stockholders, members, creditors or other persons-in-interest. Except as otherwise provided for in Sections 93 and 94 of this Code, upon the winding up of corporate affairs, any asset distributable to any creditor or stockholder or member who is unknown or cannot be found shall be escheated in favor of the national government. Except by decrease of capital stock and as otherwise allowed by this Code, no corporation shall distribute any of its assets or property except upon lawful dissolution and after payment of all its debts and liabilities. The authorities are to the effect that suits by or against a corporation abate when it ceased to be an entity capable of suing or being sued. In the present case, petitioner filed its complaint not only after its corporate existence was terminated but also beyond the three-year period allowed by Section 122 of the Corporation Code. Thus, it is clear that at the time of the filing of the subject complaint petitioner lacks the capacity to sue as a corporation. To allow petitioner to initiate the subject complaint and pursue it until final judgment, on the ground that such complaint was filed for the sole purpose of liquidating its assets, would be to circumvent the provisions of Section 122 of the Corporation Code. (Alabang Development Corporation, Petitioner, Vs. Alabang Hills Village Association And Rafael Tinio) 36. A particular partnership: a. Has for its object determinate things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation b. Has for its object indeterminate things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation c. Has for its object determinate or indeterminate things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation d. Has for its object determinate and indeterminate things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation Article 1783. A particular partnership has for its object determinate things, their use or fruits, or a specific undertaking, or the exercise of a profession or vocation. (1678) 37. X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the property? a. No, since the marriage did not take place. b. Yes, since all the requisites of a donation of an immovable are present. c. No, since the donation and its acceptance are not in a public instrument. d. Yes, since X freely donated the property to Y who became its owner. Article 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633) 38. The "veil" of corporate entity or fiction shall not be disregarded: a. When the partnership is dissolved and its assets are transferred to another corporation with the same personnel and address b. When the subsidiary corporation has essentially the same set of directors and officers as the parent or holding corporation and all decisions are made by the parent corporation. c. When the corporation undertakes unlawful business and its directors are personally engaged in the said unlawful business d. When the corporation undertakes lawful business but the directors formed another corporation in order not to pay its obligations to its employees. Under the doctrine of separate legal entity, a corporation is considered to have a legal personality distinct and separate from its directors, individual stockholders or members (Bustos v. Millians Shoe, Inc., G.R. No. 185024, April 24, 2017). While a corporation may exist for any lawful purpose, the law will regard it as an association of persons or, in case of two corporations, merge them into one, when its corporate legal entity is used as a cloak for fraud or illegality. This is the doctrine of piercing the veil of corporate fiction. 39. Barato Corporation was organized for the purpose of engaging in the buying and selling of cellular phones. Barato Corporation, however, purchased 10 television sets and sold the same to its customers. Is the act of Barato Corporation illegal? a. No, because there is nothing illegal in the purchase of television sets b. Yes, because Barato Corporation acted beyond the conferred powers c. No, because the act of Barato Corporation is merely ultra vires d. Yes, because it is contrary to morals and good customs e. Yes, because it is an illegal corporate act SEC. 44. Ultra Vires Acts of Corporations. – No corporation shall possess or exercise corporate powers other than those conferred by this Code or by its articles of incorporation and except as necessary or incidental to the exercise of the powers conferred. 40. Which of the following is/are the test to determine if there is a patent infringement? i. ii. iii. iv. Literal Infringement Doctrine of Equivalents Test of Dominancy Totality Rule a. b. c. d. e. i and ii only i, ii, and iii only i, ii, and iv only ii and iii only all of the above Literal Infringement – resort must be had to the words of the claim, if it clearly falls within the claim, infringement is made out and that is the end of it. The overall context of the claims and specification must be analyzed to determine whether there is exact identity of all material elements. Doctrine of Equivalents – it recognizes the minor modifications in the patented invention are sufficient to put them beyond the scope of literal infringement. The minor and significant changes/deviations will make them liable. 41. Which of the following is true regarding the creditor’s meeting? a. b. c. d. presence of creditors holding claims amounting to at least two-thirds (2/3) of the liabilities shall be necessary for holding a meeting during the meeting, the creditors will vote for the proposed manner of payment by the debtor. creditor who incurred his credit within 120 days prior to the filing of the petition shall be entitled to vote. All of the above are true. Creditor’s Meeting Purpose - For the debtor to present the proposed agreement to the creditors as to the manner and time of payment of debts. Quorum - The presence of the creditors holding claims amounting to at least 3/5 of the liabilities shall be necessary for holding the meeting or for the quorum. Proceedings - During the meeting, the creditors will vote for the proposed manner of payment by the debtor. However, creditors who incurred his credit within ninety (90) days prior to the filing of the petition are not entitled to vote. 42. Who is a personal information controller below? a. b. c. d. The person who processes information as instructed by another person or organization An Individual who collects, holds, processes personal information in connection with the individual’s personal, family, or household affairs A juridical or natural person, qualified to act under the law, where a person outsources the processing of personal information or sensitive personal information. A person or organization who controls the collection, holding, processing or use of personal information. Personal information controller (PIC) - refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. 43. In case of joint account between a juridical person and a natural person, who shall be entitled to the maximum insured deposit of P500,000 in such joint account? a. b. c. d. e. Juridical person Natural person Both juridical person and natural person equally Both juridical person and natural person solidarily Neither juridical person nor natural person If the account is held by a juridical person or entity jointly with one or more natural persons, the maximum insured deposit shall be presumed to belong entirely to such juridical person or entity. 44. The minimum retention period of all records of customer identification and transaction documents of their customers by a covered person under AMLA? a. b. c. d. At least 1 year from the date of transaction or from date of closure of the account At least 3 years from the date of transaction or from date of closure of the account At least 5 years from the date of transaction or from date of closure of the account At least 10 years from the date of transaction or from date of closure of the account Record Keeping – all records of all transactions of covered institutions shall be maintained and safely stored for five (5) years from the date of transactions. With respect to closed accounts, the records on customer identification, account files and business correspondences, shall be preserved and safely stored for at least five (5) years from the date when they were closed. 45. What is the required vote for the termination of a membership in a cooperative for any of the valid causes? a. b. c. At least majority of all the members and the board of directors of the cooperative with right to vote At least ¾ of all the members and majority of the board of directors of the cooperative with right to vote At least ¾ of all the members of the board of directors of the cooperative d. At least majority of all the members of the board of directors of the cooperative ART. 30. Termination of Membership. (1) A member of a cooperative may, for any valid reason, withdraw his membership from the cooperative by giving a sixty (60) day notice to the board of directors. Subject to the bylaws of the cooperative, the withdrawing member shall be entitled to a refund of his share capital contribution and all other interests in the cooperative: Provided, That such fund shall not be made if upon such payment the value of the assets of the cooperative would be less than the aggregate amount of its debts and liabilities exclusive of his share capital contribution. “(2) The death or insanity of a member in a primary cooperative, and the insolvency or dissolution of a member in a secondary or tertiary cooperative may be considered valid grounds for termination of membership: Provided, That in case of death or insanity of an agrarian reform beneficiary-member of a cooperative, the next-of-kin may assume the duties and responsibilities of the original member “(3) Membership in the cooperative may be terminated by a vote of the majority of all the members of the board of directors for any of the following causes: “(a) When a member has not patronized any of the services of the cooperative for an unreasonable period of time as may be previously determined by the board of directors; “(b) When a member has continuously failed to comply with his obligations; “(c) When a member has acted in violation of the bylaws and the rules of the cooperative; and “(d) For any act or omission injurious or prejudicial to the interest or the welfare of the cooperative. 46. Any provision or matter stated in the articles of incorporation may be amended: a. by a 2/3 vote of the board of directors and the vote or written assent of the stockholders representing at least two-thirds (2/3) of the outstanding capital stock b. by a majority vote of the board of directors and the vote or written assent of the stockholders representing the majority of the outstanding capital stock c. by a 2/3 vote of the board of directors and the vote or written assent of the stockholders representing the majority of the outstanding capital stock d. by a majority vote of the board of directors and the vote or written assent of the stockholders representing at least two-thirds (2/3) of the outstanding capital stock SEC. 15. Amendment of Articles of Incorporation. – Unless otherwise prescribed by this Code or by special law, and for legitimate purposes, any provision or matter stated in the articles of incorporation may be amended by a majority vote of the board of directors or trustees and the vote or written assent of the stockholders representing at least twothirds (2/3) of the outstanding capital stock, without prejudice to the appraisal right of dissenting stockholders in accordance with the provisions of this Code. The articles of incorporation of a nonstock corporation may be amended by the vote or written assent of majority of the trustees and at least two-thirds (2/3) of the members. The original and amended articles together shall contain all provisions required by law to be set out in the articles of incorporation. Amendments to the articles shall be indicated by underscoring the change or changes made, and a copy thereof duly certified under oath by the corporate secretary and a majority of the directors or trustees, with a statement that the amendments have been duly approved by the required vote of the stockholders or members, shall be submitted to the Commission. The amendments shall take effect upon their approval by the Commission or from the date of filing with the said Commission if not acted upon within six (6) months from the date of filing for a cause not attributable to the corporation. 47. Which of the following is FALSE concerning capitalist partners? a. A capitalist partner is not bound to contribute to the partnership more than what he agreed to contribute b. In case, however, of an imminent loss of the business, and there is no agreement to the contrary, he is under obligation to contribute an additional share to save the venture c. If the additional share is necessary and the capitalist partner declined to contribute, the partnership is dissolved d. If an additional share is necessary because of an imminent loss and the capitalist partner refuses to contribute, he shall be obliged to sell his interest to the other partners Article 1808. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. (n) 48. The contract of partnership was executed by the partners on February 1, 2021. The partners stipulated that they would make the contributions of Php 1 million each on March 1, 2021. On April 1, 2021, one of the partners still failed to comply with his obligation thus a demand was made by the partnership to deliver the said contribution. On May 1, 2021, the demand remained unheeded, thus the partners instituted a judicial action to get the contribution. In this view, the interest and the damages shall accrue from? a. b. c. d. February 1, 2021 March 1, 2021 April 1, 2021 May 1, 2021 Article 1786. Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto. He shall also be bound for warranty in case of eviction with regard to specific and determinate things which he may have contributed to the partnership, in the same cases and in the same manner as the vendor is bound with respect to the vendee. He shall also be liable for the fruits thereof from the time they should have been delivered, without the need of any demand. (1681a) Article 1788. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. (1682) 49. AA and BB obliged to deliver a Lacoste shirt signed by Federer. a. b. c. d. Joint divisible obligation Joint indivisible obligation Solidary divisible obligation Solidary indivisible obligation Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. (n) 50. Acts or omissions where the liability of the employers is based upon the principle that the negligence of the employee is presumed to be the negligence of the employer. a. b. c. d. Culpa Contractual Culpa Aquiliana Dolo Causante Culpa Interdictal The master-servant rule is a legal guideline stating that employers are responsible for the actions of their employees. It applies to any actions an employee undertakes while in the service of an employer that is within the scope of their duties for that employer. Contractual negligence or culpa contractual or negligence in the performance of a contract. The master and servant rule applies, which means that the negligence of the servant is the negligence of the master. 51. It refers to a bank that has no physical presence in the country in which it is incorporated and licensed, and which is unaffiliated with a regulated financial group that is subject to effective consolidated supervision. a. Foreign bank b. Universal Bank c. Commercial Bank d. Intermediary Financial Institution e. Shell bank A shell bank is a bank that: (a) has no physical presence in the jurisdiction in which it is incorporated and licensed (however described); and (b) is not affiliated with a regulated financial services group that is subject to effective consolidated supervision. 52. It is the act of taking advantage of a shortage of securities in the market by controlling demand side and exploiting market congestion during such shortages in a way as to create artificial prices. a. Painting the tape b. Squeezing the float c. Hype and Dump d. Improper Matched order e. Marking the close Squeezing the float – refers to taking advantage of a shortage of securities in the market by controlling the demand side and exploiting market congestion during such shortages in a way to create artificial prices. Any person who commits any act of illegal price manipulation of any basic necessity or prime commodity shall suffer the penalty of imprisonment for a period of not less than five (5) years nor more than fifteen (15) years and shall be imposed a fine of not less than Five thousand pesos (Php 5,000.00) nor more than Two million pesos (Php 2,000,000.00). 53. XXX Bank Corporation and ZZZ Corporation were merged into XX ZZ Bank Corporation. So as not to create any unnecessary conflict, all the former directors of both banks wanted to be appointed /elected as members of the Board of Directors of the merged bank. Each bank used to have eleven (11) members of the board. The maximum number of directors of the merged bank is a. 15 b. 20 c. 21 d. 22 SEC. 22. The Board of Directors or Trustees of a Corporation; Qualification and Term. – Unless otherwise provided in this Code, the board of directors or trustees shall exercise the corporate powers, conduct all business, and control all properties of the corporation. Directors shall be elected for a term of one (1) year from among the holders of stocks registered in the corporation’s books, while trustees shall be elected for a term not exceeding three (3) years from among the members of the corporation. Each director and trustee shall hold office until the successor is elected and qualified. A director who ceases to own at least one (1) share of stock or a trustee who ceases to be a member of the corporation shall cease to be such. Pursuant to Sections 15 and 17 of R.A. No. 8791, there shall be at least five (5), and a maximum of fifteen (15) members of the board of directors of a BSFI: Provided, That in case of a bank merger or consolidation, the number of directors may be increased up to the total number of the members of board of directors of the merging or consolidating bank as provided for in their respective articles of incorporation, but in no case to exceed twenty-one (21). The board of directors shall determine the appropriate number of its members to ensure that the number thereof is commensurate to the size and complexity of the BSFI’s operations. 54. The reckoning of the prescriptive period to file action for annulment is four (4) years depending on the cause of action. Identify which does not conform with the rule: a. b. c. d. In case of fraud, from the time of the defect of the consent ceases In case of intimidation, the time shall be from the time the defect of the consent ceases In case of undue influence, from the time the defect of the consent ceases In case of violence, from the time of the defect of the consent ceases Article 1391. The action for annulment shall be brought within four years. This period shall begin: In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases. In case of mistake or fraud, from the time of the discovery of the same. And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. (1301a) 55. S1 - Ordinary course of business means the transactions in pursuit of the individual debtor’s or debtor’s business operations subsequent to rehabilitation or insolvency proceedings and on ordinary business terms. S2 - Under the SSS Law, the female worker must have at least three (3) monthly contributions in the twelve month period immediately preceding the semester of the childbirth, miscarriage or emergency termination of pregnancy. S3 - A worker below 15 should be directly under the sole responsibility of parents or guardians; in family business; work does not interfere with the child’s schooling/normal development; with work permit from DSWD. a. S1 is True, S2 is False, S3 is True b. S1 is True, S2 is False, S3 is False c. S1 is False, S2 is True, S3 is False d. S1 is False, S2 is False, S3 is True e. All are False Ordinary course of business means the transactions in pursuit of the individual debtor’s or debtor’s business operations prior to rehabilitation or insolvency proceedings and on ordinary business terms. A worker below 15 should be directly under the sole responsibility of parents or guardians; in family business; work does not interfere with the child’s schooling/normal development; with work permit from DOLE, maximum hours 4 hours daily and 20 hours weekly only, no work from 8pm-6am (RA 9231). 56. S1 – Under the Cooperative Code, should the conciliation or mediation proceedings fail, the matter shall be appealed to the Office of the President. S2 – Layering happens when the money re-enters mainstream economy in legitimate-looking form, appearing to have come from some legitimate transaction. S3 – For joint accounts "or, and/or, and" each depositor in the joint account should sign separate claim form in filing his claim in PDIC. a. S1 is True, S2 is False, S3 is True b. S1 is True, S2 is False, S3 is False c. S1 is False, S2 is True, S3 is False d. S1 is False, S2 is False, S3 is True e. All are False Should conciliation or mediation proceedings fail, the matter shall be settled thru voluntary arbitration. Steps in Money Laundering (1) Placement – at this stage the launderer inserts the dirty money into a legitimate financial institution, usually in the form of cash deposits. (2) Layering – involves sending money through various financial transactions to change its form an make it more difficult to follow. It may consist of bank-to-bank transfers, changing currency, or purchasing high value items. (3) Integration – The money re-enters mainstream economy in legitimate-looking form, appearing to have come from some legitimate transaction. It may involve a final bank transfer into the account of a local business in which the launderer is “investing” in exchange for a cut of the profits or the sale of high value items bought during the layering stage (IRR, RA 9160, Rule 4, Sec. 1) 57. For purposes of determining violation of the provisions of Anti-Money Laundering Law, a transaction is considered as a "Suspicious Transaction" regardless of the amount involved, where which the following circumstances exist/s? a. the amount involved is not commensurate with the client's business or financial capacity; b. there is no underlying legal or trade obligation, purpose or economic justification; c. client is not properly identified; d. All of the above These are transactions with covered institutions, regardless of the amount involved*, where any of the following circumstances exist: • There is no underlying legal or trade obligation, purpose or economic justification; • The client is not properly identified; • The amount involved is not commensurate with the business or financial capacity of the client; • Taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the Act; • Any circumstance relating to the transaction which observed to deviate from the profile of the client and/or the client’s past transactions with the covered institution; • The transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or • Any transaction that is similar or analogous to any of the foregoing. 58. In elections for the Board of Trustees of non-stock corporations, members may cast as many votes as there are trustees to be elected but may not cast more than one vote for one candidate. This is true – a. unless set aside by the members in plenary session. b. in every case even if the Board of Trustees resolves otherwise. c. unless otherwise provided in the Articles of Incorporation or in the By-laws d. in every case even if the majority of the members decide otherwise during the elections. SEC. 23. Election of Directors or Trustees. – Except when the exclusive right is reserved for holders of founders’ shares under Section 7 of this Code, each stockholder or member shall have the right to nominate any director or trustee who possesses all of the qualifications and none of the disqualifications set forth in this Code. At all elections of directors or trustees, there must be present, either in person or through a representative authorized to act by written proxy, the owners of majority of the outstanding capital stock, or if there be no capital stock, a majority of the members entitled to vote. When so authorized in the bylaws or by a majority of the board of directors, the stockholders or members may also vote through remote communication or in absentia: Provided, That the right to vote through such modes may be exercised in corporations vested with public interest, notwithstanding the absence of a provision in the bylaws of such corporations. A stockholder or member who participates through remote communication or in absentia, shall be deemed present for purposes of quorum. The election must be by ballot if requested by any voting stockholder or member. In stock corporations, stockholders entitled to vote shall have the right to vote the number of shares of stock standing in their own names in the stock books of the corporation at the time fixed in the bylaws or where the bylaws are silent, at the time of the election. The said stockholder may: (a) vote such number of shares for as many persons as there are directors to be elected; (b) cumulate said shares and give one (1) candidate as many votes as the number of directors to be elected multiplied by the number of the shares owned; or (c) distribute them on the same principle among as many candidates as may be seen fit: Provided, That the total number of votes cast shall not exceed the number of shares owned by the stockholders as shown in the books of the corporation multiplied by the whole number of directors to be elected: Provided, however, That no delinquent stock shall be voted. Unless otherwise provided in the articles of incorporation or in the bylaws, members of nonstock corporations may cast as many votes as there are trustees to be elected but may not cast more than one (1) vote for one (1) candidate. Nominees for directors or trustees receiving the highest number of votes shall be declared elected. If no election is held, or the owners of majority of the outstanding capital stock or majority of the members entitled to vote are not present in person, by proxy, or through remote communication or not voting in absentia at the meeting, such meeting may be adjourned and the corporation shall proceed in accordance with Section 25 of this Code. The directors or trustees elected shall perform their duties as prescribed by law, rules of good corporate governance, and bylaws of the corporation. 59. X is a director in T Corp. was elected to a 1-year term on Feb. 1, 2020. On April 11, 2020, X resigned and was replaced by R, who assumed as director on May 17, 2020. On Nov. 21, 2020, R died. S was then elected in his place on November 30, 2020. Until which time should S serve as director? a. April 11, 2021 b. Feb. 1, 2021 c. May 17, 2021 d. Nov. 21, 2021 e. Nov. 30, 2021 SEC. 28. Vacancies in the Office of Director or Trustee; Emergency Board. – Any vacancy occurring in the board of directors or trustees other than by removal or by expiration of term may be filled by the vote of at least a majority of the remaining directors or trustees, if still constituting a quorum; otherwise, said vacancies must be filled by the stockholders or members in a regular or special meeting called for that purpose. Page 15 of 73 When the vacancy is due to term expiration, the election shall be held no later than the day of such expiration at a meeting called for that purpose. When the vacancy arises as a result of removal by the stockholders or members, the election may be held on the same day of the meeting authorizing the removal and this fact must be so stated in the agenda and notice of said meeting. In all other cases, the election must be held no later than forty-five (45) days from the time the vacancy arose. A director or trustee elected to fill a vacancy shall be referred to as replacement director or trustee and shall serve only for the unexpired term of the predecessor in office. However, when the vacancy prevents the remaining directors from constituting a quorum and emergency action is required to prevent grave, substantial, and irreparable loss or damage to the corporation, the vacancy may be temporarily filled from among the officers of the corporation by unanimous vote of the remaining directors or trustees. The action by the designated director or trustee shall be limited to the emergency action necessary, and the term shall cease within a reasonable time from the termination of the emergency or upon election of the replacement director or trustee, whichever comes earlier. The corporation must notify the Commission within three (3) days from the creation of the emergency board, stating therein the reason for its creation. Any directorship or trusteeship to be filled by reason of an increase in the number of directors or trustees shall be filled only by an election at a regular or at a special meeting of stockholders or members duly called for the purpose, or in the same meeting authorizing the increase of directors or trustees if so stated in the notice of the meeting. In all elections to fill vacancies under this section, the procedure set forth in Sections 23 and 25 of this Code shall apply. 60. Which of the following expresses a correct principle of law? a. Failure to disclose facts when there is a duty to reveal them, does not constitute fraud b. Violence or intimidation does not render a contract annulled if employed not by a contracting party but by a third person c. A threat to enforce one’s claim through competent authority, if the claim is legal or just, does not vitiate consent d. Simulation of a contract always results in a void contract Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. (n) Article 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. (1268) Article 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. (n) 61. XYZ Corporation bought ten (1 0) units of Honda Civic from CCC Corporation. ABC Bank granted a loan to XYC Corporation which executed a financing agreement which provided for the principal amount, the installment payments, the interest rates and the due dates. On due dates of the installment payments, XYZ Corporation was asked to pay for some handling charges and other fees which were not mentioned in the Financing Agreement. Can XYC Corporation refuse to pay the same? a. No, because handling charges and other fees are usual in certain banking transactions b. Yes, because ABC Bank is required to provide XYZ Corporation not only the amount of the monthly installments but also the details of the finance charges as required by the Truth in Lending Act. c. No, because the Finance Agreement is a valid document to establish the existence of the obligation. d. Yes, because legally, finance charges are never allowed in any banking transaction. Matters to be disclosed (1) the cash price or delivered price of the property or service to be acquired; (2) the amounts, if any, to be credited as down payment and/or trade-in; (3) the difference between the amounts set forth under clauses (1) and (2); (4) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit; (5) the total amount to be financed; (6) the finance charge expressed in terms of pesos and centavos; and (7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation. 62. Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral delivery, whether or not reduced in writing or other material forms, are regarded as a. non-original works b. original works c. derivative works d. not subject to protection Section 172 of the Intellectual Property Code provides that “lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form” are considered original creations in the literary domain which are protected from the moment of their creation. 172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books, pamphlets, articles and other writings; (b) Periodicals and newspapers; (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; (d) Letters; xxxx xxxx 63. The Revised Corporation Code sanctions a contract between two or more corporations which have interlocking directors, provided there is no fraud that attends it, and it is fair and reasonable under the circumstances. The interest of an interlocking director in one corporation may be either substantial or nominal. It is nominal if his interest: a. does not exceed 25% of the outstanding capital stock. b. exceeds 25% of the outstanding capital stock. c. exceeds 20% of the outstanding capital stock. d. does not exceed 20% of the outstanding capital stock. SEC. 32. Contracts Between Corporations with Interlocking Directors. – Except in cases of fraud, and provided the contract is fair and reasonable under the circumstances, a contract between two (2) or more corporations having interlocking directors shall not be invalidated on that ground alone: Provided, That if the interest of the interlocking director in one (1) corporation is substantial and the interest in the other corporation or corporations is merely nominal, the contract shall be subject to the provisions of the preceding section insofar as the latter corporation or corporations are concerned. Stockholdings exceeding twenty percent (20%) of the outstanding capital stock shall be considered substantial for purposes of interlocking directors. 64. Which of the following contracts is void? a. b. An oral sale of a parcel of land A sale of land by an agent in a public instrument where his authority from the principal is oral c. d. A donation of a wrist watch worth P4,500 A relatively simulated contract Article 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. 65. Which of the following is FALSE a. b. c. The Statute of Frauds is not applicable in actions which are neither for damages nor for the specific performance thereof The defense of Statute of Frauds is personal to the parties and cannot be interposed by strangers to the contract The Statute of Frauds cannot be waived d. The Statute of Frauds does not declare that contracts infringing it are void but merely unenforceable. Under Article 6 of the Civil Code, rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. 66. Which of the following statements is true for the prima facie evidence of knowledge of insufficiency of funds to arise? a. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (120) days from the date of the check. b. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (30) days from the date of the check. c. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (60) days from the date of the check. d. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (90) days from the date of the check. The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee. (Section 2, BP 22) 67. The Board of Directors of XYZ Corp. unanimously passed a Resolution approving the taking of steps that in reality amounted to willful tax evasion. On discovering this, the government filed tax evasion charges against all the company’s members of the board of directors. The directors invoked the defense that they have no personal liability, being mere directors of a fictional being. Are they correct? a. No, since as a rule only natural persons like the members of the board 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. c. Yes, since the directors officially and collectively performed acts that are imputable only to the corporation. d. No, since the law makes directors of the corporation solidarily liable for gross negligence and bad faith in the discharge of their duties. SEC. 30. Liability of Directors, Trustees or Officers. – Directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees shall be liable jointly and severally for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons. A director, trustee, or officer shall not attempt to acquire, or acquire any interest adverse to the corporation in respect of any matter which has been reposed in them in confidence, and upon which, equity imposes a disability upon themselves to deal in their own behalf; otherwise the said director, trustee, or officer shall be liable as a trustee for the corporation and must account for the profits which otherwise would have accrued to the corporation. 68. What if the licenses, clearances, permits, certifications or authorizations for the installation and operation of telecommunication, broadcast towers, facilities, equipment and services require approval by appropriate local legislative body such as the Sanggunian, what is the prescribed period for the approval of the said application? a. b. c. d. A nonextendible period of twenty (20) working days A nonextendible period of ten (10) working days A nonextendible period of thirty (30) working days A nonextendible period of forty (40) working day If the granting authority fails to approve or disapprove an application for a license, clearance, permit, certification or authorization within the prescribed processing time, said application shall be deemed approved: Provided, That when the approval of the appropriate local legislative body is necessary, a nonextendible period of twenty (20) working days is hereby prescribed. 69. What is the required vote for the removal of the elective officer of a cooperative? a. b. c. d. Majority of all members of the board of directors present and constituting a quorum Majority of all members of general assembly present and constituting a quorum 3/4 of the regular members of general assembly present and constituting a quorum Majority of all members of the board of directors present and constituting a quorum and 3/4 of all members of general assembly present and constituting a quorum. e. 2/3 of the voting members present and constituting a quorum. “ART. 50. Removal. All complaints for the removal of any elected officer shall be filed with the board of directors. Such officer shall be given the opportunity to be heard. Majority of the board of directors may place the officer concerned under preventive suspension pending the resolution of the investigation. Upon finding of a prima facie evidence of guilt, the board shall present its recommendation for removal to the general assembly. “An elective officer may be removed by three fourths (3/4) votes of the regular members present and constituting a quorum, in a regular or special general assembly meeting called for the purpose. The officer concerned shall be given an opportunity to be heard at said assembly. 70. What is the maximum amount of education and training fund of a cooperative? a. b. c. d. Not more than 50% of net surplus Not more than 10% of net surplus Not more than 3% of net surplus Not more than 7% of net surplus Order of Distribution Reserve Fund 10% Education and Training Fund 10% Community Development Fund 3% Optional or Land & Building Fund 7% Interest on Share Capital & Patronage Refunds 70% 71. Which of the following statements is true regarding paternity leave? a. b. c. d. The man must be living/cohabitating with the pregnant woman for him to be entitled to paternity leave. In the event that the paternity leave benefit is not availed of, said leave shall be convertible to cash. Every married male employee in the private and public sectors shall be entitled to a paternity leave of seven days with full pay for the first five (5) deliveries of the legitimate spouse with whom he is cohabiting. In case of live childbirth, a qualified female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, who is married to her. You can avail of paternity leave benefits if you meet these conditions: • • • • • • • Regardless of employment status (regular, probationary, casual, seasonal, fixed-term) Employed at the time of childbirth Have a wife who’s pregnant, has given birth, or has had a miscarriage The pregnancy, childbirth, or miscarriage has not happened for more than four times Legally married to your pregnant wife Living with your legitimate wife under one roof Properly notify your employer within a reasonable time of your wife’s pregnancy and the expected delivery date (Not required for cases of miscarriage) 72. The data subject shall have the right, where personal information is processed by electronic means and in a structured and commonly used format, to obtain from the personal information controller a copy of data undergoing processing in an electronic or structured format, which is commonly used and allows for further use by the data subject is referred as? a. b. c. d. Right to Erasure/Blocking Right to Data Portability Right to Access Right to be informed Sec. 18 - Right to Data Portability (to obtain a copy of such data in an electronic or structured format). 73. What is the quorum in the meeting of the general assembly of an ordinary cooperative? a. b. c. d. At least majority of all the members entitled to vote At least 25% of all the members entitled to vote At least ¾ of all the members entitled to vote At least 5% of all the members entitled to vote Art. 35. Quorum. –A quorum shall consist of AT LEAST twenty-five per centum (25%) of all the members entitled to vote (GR). In the case of cooperative banks, the quorum shall be as provided in Art. 99 of this Code. In the case of electric cooperatives registered under this code, a quorum, unless otherwise provided in the bylaws, shall consist of five percent (5%) of all the members entitled to vote. 74. Which of the following is not a requirement of out of court rehabilitation? a. b. c. d. The debtor must agree to the out-of-court or informal restructuring/workout agreement or Rehabilitation Plan It must be approved by creditors representing at least sixty-seven percent (67%) of the secured obligations of the debtor It must be approved by creditors representing at least seventy-five percent (75%) of the unsecured obligations of the debtor It must be approved by creditors holding at least seventy-five percent (75%) of the total liabilities, secured and unsecured, of the debtor. Minimum requirements a. Debtor must agree to the out-of court rehabilitation; b. Approved by creditors representing sixty-seven percent (67%) of the secured obligations of the debtor; c. Approved by creditors representing at least seventy-five percent (75%) of the unsecured obligations of the debtor; and d. Approved by creditors holding at least eighty-five (85%) of the total liabilities, unsecured and secured, of the debtor (Sec. 84, FRIA) 75. Which following is not an effect of Stay Order? a. b. c. Suspending all actions or proceedings, in court or otherwise, for the enforcement of claims against the debtor; Suspending all actions to enforce any judgment, attachment or provisional remedies against the debtor Prohibiting the debtor from selling, encumbering, transferring or disposing in any manner any of its properties except in the ordinary course of business d. e. Prohibiting the debtor from making any payment of its liabilities outstanding as of the commencement date Suspending all operations of the insolvent debtor The Commencement Order shall include a Stay order which shall have the following effects: Suspend all the actions or proceedings in court, or otherwise, for the enforcement of claim against the debtor; Suspend all actions to enforce any judgement, attachment, or other provisional remedies against the debtor; Prohibit the debtor from selling, encumbering, transferring or disposing in any manner any of its properties except in the ordinary course of business; and Prohibit the debtor from making any payment of its liabilities outstanding as of the commencement date except as may be provided herein. 76. A and B are twins. Together, they bought a lotto ticket, with both of them each providing three numbers and paying half of the ticket price. They agreed to divide the winnings just in case their combination wins. In this case, A and B are: a. Partners as to each other b. Joint owners of the winning ticket c. They are merely co-owners d. They are separate and distinct individuals There is no doubt that if the plaintiffs merely formed a community of property the latter is exempt from the payment of income tax under the law. But according to the stipulation facts the plaintiffs organized a partnership of a civil nature because each of them put up money to buy a sweepstakes ticket for the sole purpose of dividing equally the prize which they may win, as they did in fact in the amount of P50,000 (article 1665, Civil Code). The partnership was not only formed, but upon the organization thereof and the winning of the prize, Jose Gatchalian personally appeared in the office of the Philippines Charity Sweepstakes, in his capacity as co-partner, as such collection the prize, the office issued the check for P50,000 in favor of Jose Gatchalian and company, and the said partner, in the same capacity, collected the said check. All these circumstances repel the idea that the plaintiffs organized and formed a community of property only. Having organized and constituted a partnership of a civil nature, the said entity is the one bound to pay the income tax which the defendant collected under the aforesaid section 10 (a) of Act No. 2833, as amended by section 2 of Act No. 3761. There is no merit in plaintiff's contention that the tax should be prorated among them and paid individually, resulting in their exemption from the tax. (Gatchalian v. CIR) 77. The following are the effects or consequences of an unlawful partnership, except: a. The contract is void ab initio and the partnership never exsisted in the eyes of the law b. The contributions of the partners shall be confiscated in favor of the government c. The instruments or tools and proceeds of crime shall be forfeited on favor of the government d. The profits shall be confiscated in favor of the government Effects of Unlawful partnership (unlawful object or purpose) q It is void ab initio q Profits shall be confiscated in favor of the government q Instruments or tools and proceeds of the crime shall also be forfeited q Contributions of the partners shall not be confiscated unless… 78. CDC maintained a savings account with CBank. On orders of the MM Regional Trial Court, the Sheriff garnished P50,000 of his account, to satisfy the judgment in favor of his creditor, MO. CDC complained that the garnishment violated the Law on the Secrecy of Bank Deposits because the existence of his savings account was disclosed to the public. Is CDC's complaint meritorious or not? a. No, what is prohibited under the law is the disclosure of the amount of the deposit b. No, what is prohibited under the law is the account number of the depositor c. Yes, the existence of his savings account was disclosed to the public d. Yes, there was no written consent given by the depositor e. Both c and d Garnishment” means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. Further, bank deposits may be garnished by creditors of the depositor, and it will not be considered as a violation of the Bank Secrecy Law. The reason is that the amount of deposit is actually not disclosed. The intent of the legislature is discussed by the Supreme Court in the case of China Banking Corporation v. Ortega, G.R. No. L-34964 dated January 31, 1973. 79. Pedro promised to give AA an orchard planted with mango trees on December 25, 2023. Before December 25, 2023, what right does AA have over the orchard? a. b. c. d. AA has no right AA has a personal right AA has a real right AA has both a personal and a real right Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095) Real rights (also known as jus in re or jus in rem) are those enforceable against the whole world. Personal rights (also referred to as jus in personam or jus ad rem) are those enforceable against a specific person or persons. 80. S1: Any denial of application or request for access to government service shall be fully explained verbally to the applicant, stating the name of the person making the denial and the grounds upon which such denial is based. S2: Any denial of application or request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned. a. True, True b. True, False c. False, False d. False, True The law now requires that the denial of the application be fully explained in writing stating the name of the person who denied the same and the grounds upon which denial is based. Any denial is deemed to have been made with the permission from the highest authority having jurisdiction over the government office or agency concerned. 81. S1: Kobe is a multi-billionaire man. He can engage in the business of insurance by allocating 200 billion pesos of his personal money. S2. A signed as a surety of B, his best friend, for the latter’s loan against C. A is considered as an insurer. a. True, True b. True, False c. False, False d. False, True S1: Only corporation, partnership, or association of persons can transact any business of insurance. S2: A contract of suretyship shall be deemed to be an insurance contract, within the meaning of this Code, only if made by a surety who or which, as such, is doing an insurance business as hereinafter provided 82. A fire that burns in a place where it is supposed to burn is called: a. b. c. d. Friendly Fire Hostile Fire Wild Fire Bush fire Fire insurance is commonly understood as property insurance and is used to cover a loss caused by “hostile” fire, but not friendly fire. A “friendly fire” is contained in the intended place, such as a fireplace, furnace or a stove, whereas a hostile fire is one that occurs outside of those confines. 83. Pledge and mortgage are accessory contracts. Which of the following statements is false? a. They are meant to secure the fulfillment of a principal obligation. b. They cannot exist if the principal obligation is void. c. They can exist by themselves. d. They can secure fulfillment of a voidable obligation. Pledge and mortgage are accessory contracts and as such cannot exist by themselves. 84. The following are corporate acts in which the stockholder of a corporation shall have the right to dissent and demand payment of the fair value of his shares of stock, except one a. In case of an amendment to the Articles of Incorporation which has the effect of changing or restricting the rights of any stockholder. b. In case of merger or consolidation. c. In case of sale, lease, mortgage or other disposal of all or substantially all of the corporate asset. d. In case of incurring, creating or increasing bonded debts. SEC. 80. When the Right of Appraisal May Be Exercised. – Any stockholder of a corporation shall have the right to dissent and demand payment of the fair value of the shares in the following instances: (a) In case an amendment to the articles of incorporation has the effect of changing or restricting the rights of any stockholder or class of shares, or of authorizing preferences in any respect superior to those of outstanding shares of any class, or of extending or shortening the term of corporate existence; (b) In case of sale, lease, exchange, transfer, mortgage, pledge or other disposition of all or substantially all of the corporate property and assets as provided in this Code; (c) In case of merger or consolidation; and (d) In case of investment of corporate funds for any purpose other than the primary purpose of the corporation. 85. Which of the following statements is true and correct? a. Unless otherwise agreed upon by the parties, the sale of the mortgaged property extinguishes in full the obligation of the mortgagor to the mortgagee. b. Pledge and mortgage are considered principal contracts. c. When the obligation is secured by a pledge or mortgage and it is not paid when due, the pledgee or mortgagee may dispose the collateral even if there is no agreement to that effect between the parties. d. In both pledge and mortgage, the creditor is entitled to deficiency judgment. Article 2085. The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation; (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. (1857) Article 2086. The provisions of article 2052 are applicable to a pledge or mortgage. (n) Article 2087. It is also of the essence of these contracts 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. (1858) Article 2088. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void. (1859a) 86. Statement 1: De jure corporation are not subject to attack, not even by the government. Statement 2: De facto corporations are subject to direct attack by the government, although not subject to collateral attack by private individuals. a. Both statements are true b. Both statements are false c. Statement 1 is true, but statement 2 is false d. Statement 1 is false, but statement 2 is true SEC. 19. De facto Corporations. – The due incorporation of any corporation claiming in good faith to be a corporation under this Code, and its right to exercise corporate powers, shall not be inquired into collaterally in any private suit to which such corporation may be a party. Such inquiry may be made by the Solicitor General in a quo warranto proceeding. De jure corporation. Your corporation will be considered a de jure corporation when you have done everything mandated by law to become a corporation. That is, a de jure corporation is a corporation that is organized with the requirements of the relevant statute. In these situations, no one can challenge the corporate state of your company, including private parties nor the state. A de jure corporation is a bona fide corporation that has fulfilled all requirements, and granted limited liability protection under the law. De facto corporation. A de facto corporation exists when steps are taken to incorporate the enterprise, but the corporation did not comply with every aspect of the applicable statutes. The corporation will not be protected against a challenge by the state in a quo warranto proceeding, but will be protected against third parties. Usually courts will make a finding of a de facto if the corporation meets three requirements: (1) there must be a statute in existence by which incorporation is legally possible (such as in Florida); (2) there has been a colorable attempt by the company to comply with the statute; (3) and some actual use or exercise of corporate privileges. A de facto corporation is basically a good faith attempt to become a corporation, but due to some technicality, does not fulfill every requirement needed. significant/ https://tremblylaw.com/de-jure-de-facto-corporation-by-estoppel-know-what-you-are-and-why-it-is- 87. The vote required so that the maximum deposit insurance cover may be adjusted in such amount, for such period, and/or for such deposit products – a. the adjustment is approved by a majority vote of the Board of Directors of PDIC in a meeting called for the purpose and chaired by the Secretary of Finance, subject to the approval of the President of the Philippines b. the adjustment is approved by a 2/3 vote of the Board of Directors of PDIC in a meeting called for the purpose and chaired by the Secretary of Finance, subject to the approval of the President of the Philippines c. the adjustment is approved by a unanimous vote of the Board of Directors of PDIC in a meeting called for the purpose and chaired by the Secretary of Finance, subject to the approval of the President of the Philippines d. the adjustment is approved by a mere majority of the quorum of the Board of Directors of PDIC in a meeting called for the purpose and chaired by the Secretary of Finance, subject to the approval of the President of the Philippines Provided, finally, That, in case of a condition that threatens the monetary and financial stability of the banking system that may have systemic consequences, the maximum deposit insurance cover may be adjusted in such amount, for such a period, and/or for such deposit products, as may be determined by a unanimous vote of the Board of Directors in a meeting called for the purpose and chaired by the Secretary of Finance, subject to the approval of the President of the Philippines (RA 9576). 88. S1 – BP 22 is a transitory crime, and it can be filed in the RTC where it was issued, delivered and dishonored. S2 – Starting 2023, the contribution rate in SSS is set to 14%, with premium contributions of 9.5% for employer and 4.5% for the employee. S3 – 10 days Leave with pay for Victims of Violence Against Women and their Children is granted to women employees who are victims of physical, sexual, psychological harm or suffering, or economic abuse. S4 – Data sharing is the disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor. a. Only Statement 1 is false b. Only Statement 2 is false c. Only Statement 3 is false d. Only Statement 4 is false e. All statements are true S2 – MTC has jurisdiction. 89. Principle of Proportionality in DPA means? a. b. c. d. Information must be collected for specified and legitimate purposes determined and declared, and later processed in a way compatible with such declared, specified and legitimate purposes only. Personal Information to be collected and processed must be adequate, relevant and, where necessary for purposes for which it is to be used the processing of personal information. Data subject must be made aware of the nature, purpose, extent, retention, rights of data subject, and recipients of the personal information. Be informed whether personal information pertaining to him or her shall be, are being or have been processed. Transparency - The data subject must be aware of the nature, purpose, and extent of the processing of his or her personal data, including the risks and safeguards involved, the identity of personal information controller, his or her rights as a data subject, and how these can be exercised. Any information and communication relating to the processing of personal data should be easy to access and understand, using clear and plain language. Legitimate purpose - The processing of information shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy. Proportionality - The processing of information shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal data shall be processed only if the purpose of the processing could not reasonably be fulfilled by other means. 90. In case of casino, what is the threshold amount to be considered reportable transaction to Anti-Money Laundering Council? a. b. c. d. e. A transaction with amount exceeding P1,000,000 A transaction with amount exceeding P7,500,000 A transaction with amount exceeding P500,000 A transaction with amount exceeding P5,000,000 Regardless of the amount 91. The Corporation Code provides three methods of fixing the issued value of no-par value shares. Which of the following is the exception? a. The issued value of no-par value shares may be fixed in the articles of incorporation. b. The issued value of no-par value shares may be fixed by the Board of Directors pursuant to the authority conferred upon it by the articles or by-laws. c. By the stockholders representing at least a majority of the outstanding capital stock at a meeting duly called for the purpose. d. By the stockholders representing at least 2/3 of the outstanding capital stock at a meeting duly called for the purpose Sec. 61 – Consideration for stocks Vote to fix price of No-Par Shares 1. AOI 2. BOD as provided in the by-laws 3. SHs – M of OCS SEC. 61. Consideration for Stocks. – Stocks shall not be issued for a consideration less than the par or issued price thereof. Consideration for the issuance of stock may be: (a) Actual cash paid to the corporation; (b) Property, tangible or intangible, actually received by the corporation and necessary or convenient for its use and lawful purposes at a fair valuation equal to the par or issued value of the stock issued; (c) Labor performed for or services actually rendered to the corporation; (d) Previously incurred indebtedness of the corporation; (e) Amounts transferred from unrestricted retained earnings to stated capital; (f) Outstanding shares exchanged for stocks in the event of reclassification or conversion; (g) Shares of stock in another corporation; and/or (h) Other generally accepted form of consideration. Where the consideration is other than actual cash, or consists of intangible property such as patents or copyrights, the valuation thereof shall initially be determined by the stockholders or the board of directors, subject to the approval of the Commission. Shares of stock shall not be issued in exchange for promissory notes or future service. The same considerations provided in this section, insofar as applicable, may be used for the issuance of bonds by the corporation. The issued price of no-par value shares may be fixed in the articles of incorporation or by the board of directors pursuant to authority conferred by the articles of incorporation or the bylaws, or if not so fixed, by the stockholders representing at least a majority of the outstanding capital stock at a meeting duly called for the purpose. 92. The following are qualifications of the BOD, except: a. must own at least one share b. majority must be residents of the Philippines c. share must be registered in his name d. share must be continuously registered in his name for a period of one year SEC. 22. The Board of Directors or Trustees of a Corporation; Qualification and Term. – Unless otherwise provided in this Code, the board of directors or trustees shall exercise the corporate powers, conduct all business, and control all properties of the corporation. Directors shall be elected for a term of one (1) year from among the holders of stocks registered in the corporation’s books, while trustees shall be elected for a term not exceeding three (3) years from among the members of the corporation. Each director and trustee shall hold office until the successor is elected and qualified. A director who ceases to own at least one (1) share of stock or a trustee who ceases to be a member of the corporation shall cease to be such. The requirement that majority must be residents of the Philippines was removed under RA 11232. 93. Cash dividend as distinguished from stock dividend a. It does not involve a disbursement to the stockholders of accumulated earnings b. It does not create a debt from the corporation in favor of SHs c. It increases corporate capital d. It is declared only by the Board of Directors Cash Dividend • • • • • Involves a disbursement to the stockholders of accumulated earnings Becomes the absolute property of the SH (If declared and paid) Declared only by BOD Does not increase the corporate capital Creates a debt from the corporation in favor of SHs Stock Dividend • Does not disbursement involve any • • • Still part of corporate property and may be reached by corporate creditors Declared by both BOD and SHs Increases corporate capital • No such debt is created 94. One of the following is a limitation of proxies. Which is? a. Proxy acquires legal title to the shares of the stockholder. b. A proxy votes even in the presence of the stockholder. c. The proxy votes only for the meeting for which it was intended. d. A proxy is irrevocable at any time. 95. S1 – The period to extend the life of the Corporation (if fixed) is 3 years prior to its expiration. S2 – The period to extend the life of a Cooperative is 5 years prior to its expiration. S3 – Under FRIA, all contracts of the debtor shall be deemed terminated and/or breached, unless the liquidator, within 90 days from the date of his assumption of office, declares otherwise and the contracting parties agree thereto. S4 – Under FRIA, within three (3) months from his assumption into office, the Liquidator shall submit a Liquidation Plan to the court. a. b. c. d. e. Only Statement 1 is false Only Statement 2 is false Only Statement 3 is false Only Statement 4 is false All statements are true 96. One of the following does not require stockholders’ approval a. Merger or consolidation. b. Change of corporate name. c. Investment of corporate funds for a purpose outside of the main purpose of the corporation. d. Declaration of cash dividend. SEC. 42. Power to Declare Dividends. – The board of directors of a stock corporation may declare dividends out of the unrestricted retained earnings which shall be payable in cash, property, or in stock to all stockholders on the basis of outstanding stock held by them: Provided, That any cash dividends due on delinquent stock shall first be applied to the unpaid balance on the subscription plus costs and expenses, while stock dividends shall be withheld from the delinquent stockholders until their unpaid subscription is fully paid: Provided, further, That no stock dividend shall be issued without the approval of stockholders representing at least two-thirds (2/3) of the outstanding capital stock at a regular or special meeting duly called for the purpose. Stock corporations are prohibited from retaining surplus profits in excess of one hundred percent (100%) of their paid-in capital stock, except: (a) when justified by definite corporate expansion projects or programs approved by the board of directors; or (b) when the corporation is prohibited under any loan agreement with financial institutions or creditors, whether local or foreign, from declaring dividends without their consent, and such consent has not yet been secured; or (c) when it can be clearly shown that such retention is necessary under special circumstances obtaining in the corporation, such as when there is need for special reserve for probable contingencies. 97. It is the consumer’s right to be compensated for misrepresentation, shoddy goods or unsatisfactory services. a. b. c. d. e. • Right to safety Right to information Right to choose Right to representation Right to redress Right to redress - to be compensated for misrepresentation, or unsatisfactory services. 98. The Statute of limitation under the Philippine Competition Act – a. b. c. d. e. 1 year 2 years 3 years 5 years 10 years Any action arising from a violation of any provision of this Act shall be forever barred UNLESS COMMENCED WITHIN FIVE (5) YEARS from: • For criminal actions, the time the violation is discovered by the offended party, the authorities, or their agents; and • For administrative and civil actions, the time the cause of action accrues. 99. S1 – The vote required for the dissolution of a Cooperative where no creditors is affected is Majority of the BOD plus ¾ of the members entitled to vote. S2 - The vote required for the dissolution of a Corporation where no creditors is affected is Majority of the BOD plus 2/3 of the OCS. S3 –The petition for voluntary proceedings of the insolvent debtor if it is a partnership must be approved by majority of the partners. a. S1 is true, S2 and S3 are false b. S2 is true, S1 and S3 are false c. S3 is true, S1 and S2 are false d. S1 is false, S2 and S3 are true e. S2 is false, S1 and S3 are true SEC. 134. Voluntary Dissolution Where No Creditors are Affected. – If dissolution of a corporation does not prejudice the rights of any creditor having a claim against it, the dissolution may be effected by majority vote of the board of directors or trustees, and by a resolution adopted by the affirmative vote of the stockholders owning at least majority of the outstanding capital stock or majority of the members of a meeting to be held upon the call of the directors or trustees. At least twenty (20) days prior to the meeting, notice shall be given to each shareholder or member of record personally, by registered mail, or by any means authorized under its bylaws Page 55 of 73 whether or not entitled to vote at the meeting, in the manner provided in Section 50 of this Code and shall state that the purpose of the meeting is to vote on the dissolution of the corporation. Notice of the time, place, and object of the meeting shall be published once prior to the date of the meeting in a newspaper published in the place where the principal office of said corporation is located, or if no newspaper is published in such place, in a newspaper of general circulation in the Philippines. A verified request for dissolution shall be filed with the Commission stating: (a) the reason for the dissolution; (b) the form, manner, and time when the notices were given; (c) names of the stockholders and directors or members and trustees who approved the dissolution; (d) the date, place, and time of the meeting in which the vote was made; and (e) details of publication. The corporation shall submit the following to the Commission: (1) a copy of the resolution authorizing the dissolution, certified by a majority of the board of directors or trustees and countersigned by the secretary of the corporation; (2) proof of publication; and (3) favorable recommendation from the appropriate regulatory agency, when necessary. Within fifteen (15) days from receipt of the verified request for dissolution, and in the absence of any withdrawal within said period, the Commission shall approve the request and issue the certificate of dissolution. The dissolution shall take effect only upon the issuance by the Commission of a certificate of dissolution. No application for dissolution of banks, banking and quasi-banking institutions, preneed, insurance and trust companies, NSSLAs, pawnshops, and other financial intermediaries shall be approved by the Commission unless accompanied by a favorable recommendation of the appropriate government agency. 100. The following are correct insofar as a one-person corporation is concerned, except: a. it does not require by-laws b. it does not require a minimum capital stock c. the period to elect the officer is within 5 days d. the period to notify the nominee is within 5 days from the death of the single stockholder e. the effectivity of the bond of the single stockholder if he is likewise the treasurer is 2 years. SEC. 122. Treasurer, Corporate Secretary, and Other Officers. – Within fifteen (15) days from the issuance of its certificate of incorporation, the One Person Corporation shall appoint a treasurer, corporate secretary, and other officers as it may deem necessary, and notify the Commission thereof within five (5) days from appointment. The single stockholder may not be appointed as the corporate secretary. A single stockholder who is likewise the self-appointed treasurer of the corporation shall give a bond to the Commission in such a sum as may be required: Provided, That the said stockholder/treasurer shall undertake in writing to faithfully administer the One Person Corporation’s funds to be received as treasurer, and to disburse and invest the same according to the articles of incorporation as approved by the Commission. The bond shall be renewed every two (2) years or as often as may be required. Excel_Professional Services Inc. Management Firm of Professional Review and Training Center (PRTC) Manila * Cavite * Laguna * Cebu * Cagayan De Oro * Davao OPEN Final Preboard Examination on Financial Accounting and Reporting April 30, 2023 Suggested answers/solutions by OCAMPO/OCAMPO Question No. 1 - D Question No. 2 - B Question No. 3 - C Direct materials Direct materials purchases in transit, FOB shipping point Work-in-process Finished goods Cost of goods out on consignment (P27,000 x .8) Total inventory Question No. 4 - A Inventory, 1/1 Purchases Goods available for sale Cost of goods sold: Cash sales Sales on account (P265,000+P2,115,000-P175,000) Total x cost ratio (1 - .32) Estimated inventory, 8/15 Salvage value of inventory Inventory loss 99,000 16,200 68,400 81,000 21,600 286,200 375,000 1,385,000 1,760,000 225,000 2,205,000 2,430,000 0.68 Question No. 5 - A GAS at retail (P140,000+P420,000+P10,000-P2,000) Sales Breakage Estimated ending inventory at retail x cost ratio [(P297,000+P4,000)/(P420,000+P10,000-P2,000)] Estimated ending inventory at cost Question No. 6 - D Question No. 7 - C Carrying value, January 1 Increase in fair value due to growth and price changes Decrease in fair value due to harvest Carrying value, December 31 Question No. 8 - B Land purchase price Payment of delinquent property taxes Title search and insurance City improvements for water and sewer Cost of land Building permit Cost to destroy existing building on land Contract cost of new building Cost of building Question No. 9 - C Cost 2022 depreciation [24,000 x (P450,000/300,000)] Remaining depreciable amount, 1/1/23 /remaining estimated output, 1/1/23 2023 depreciation rate x 2023 output 2023 depreciation Page 1 of 7 (1,652,400) 107,600 (5,000) 102,600 568,000 (400,000) (8,000) 160,000 0.70 112,000 1,176,000 365,000 (42,000) 1,499,000 120,000 35,000 6,500 18,000 179,500 8,000 20,000 1,650,000 1,678,000 450,000 (36,000) 414,000 230,000 1.80 70,000 126,000 www.teamprtc.com.ph FAR.FinPB5.23 Question No. 10 - A Cost Accumulated depreciation, 1/1/23 (P500,000 x 7/10) Remaining depreciable amount, 1/1/23 /remaining life, 1/1/23 2023 depreciation Question No. 11 - C Question No. 12 - A Revaluation surplus - land (P8M - P6M) Revaluation surplus - building (P48M - P36M) Revaluation surplus, 1/1/23 Realized in 2023 (P12M/15) Revaluation surplus, 12/31/23 Question No. 13 - D Question No. 14 - C Purchase price Less fair value of net assets: Unadjusted Patent Receivable Goodwill 500,000 (350,000) 150,000 2 75,000 2,000,000 12,000,000 14,000,000 (800,000) 13,200,000 35,000,000 15,000,000 10,000,000 2,000,000 27,000,000 8,000,000 Question No. 15 - A Question No. 16 - A Acquisition cost Estimated restoration cost Total Residual value Amount subject to depletion Depletion - 2022 (600,000 x P2.6*) Remaining amount subject to depletion, 1/1/23 Divide by remaining estimated reserves, 1/1/23 (1,875,000+400,000) Depletion rate for 2023 * (P5,200,000/2,000,000) Depletion - 2023 (400,000 tons x P1.60) 5,400,000 450,000 5,850,000 (650,000) 5,200,000 (1,560,000) 3,640,000 2,275,000 1.60 640,000 Question No. 17 - D Question No. 18 - C Carrying amount, 12/31/22 (P1,1160,000 x 3/5) Recoverable amount, 12/31/22 (Value-in-use) Impairment loss - 2022 696,000 565,000 131,000 Carrying amount, 12/31/22 - after impairment /Revised remaining life Amortization - 2023 565,000 2 282,500 Question No. 19 - A CA, 1/1/21 (P250,000 x 4.5/5) RA Impairment loss - 2021 225,000 75,000 150,000 CA, 1/1/23 - without impairment (P250,000 x 2.5/5) CA, 1/1/23 - before reversal of impairment (P75,000 x 1/3) Reversal of impairment loss in P/L Question No. 20 - A Question No. 21 - C Purchase price Government grant received Net cost of machine Depreciation - current year [(P310,000 - P5,000)/8] Carrying amount, 12/31 125,000 25,000 100,000 360,000 (50,000) 310,000 (38,125) 271,875 Question No. 22 - C Page 2 of 7 www.teamprtc.com.ph FAR.FinPB5.23 Average accumulated expenditures Specific borrowing Attributed to general borrowing General borrowing rate Capitalizable borrowing cost - general Capitalizable borrowing cost - specific (P400,000 x .1) Total 475,000 (400,000) 75,000 0.12 9,000 40,000 49,000 Question No. 23 - B Currency and coins Balance in checking account Customer checks waiting to be deposited Commercial paper, purchased on 11/2/23, mature on 1/30/24 Cash and cash equivalents Question No. 24 - A Balance per bank statement, 12/31 Outstanding checks, 12/31 Receipts of 12/31, deposited 1/2 Unrecorded proceeds of bank loan Deposit of 12/23, omitted from bank statement Errneous bank charge Unrecorded proceeds of note collected by bank, net Erroneous debit memo Errneous bank credit Cash balance per books, 12/31 Question No. 25 - D Accounts receivable, 12/31 (P750/.03) Credit sales Collections Accounts written off Accounts receivable, 1/1 650 2,600 1,200 5,000 9,450 1,465,800 (624,750) 95,550 (195,000) 53,000 82,100 (40,300) 100,000 (25,000) 911,400 25,000 (125,000) 131,000 180 31,180 Question No. 26 - D Over (Under) Erroneous credit to gain on sale of machine (P800,000 - P640,000) Unrecognized loss (see computation below) Unrecognized interest income (P569,440 x 12% x 6/12) Net overstatement (understatement) 160,000 70,560 (34,166) 196,394 Computation of loss on sale of machine: Sales price (present value of NR) (P800,000 x 0.7118) Carrying Amount Loss on sale 569,440 640,000 (70,560) Question No. 27 - C Date Payment 7/1/22 7/1/23 1,805,000 7/1/24 1,805,000 Int. (11%) Principal 616,000 485,210 1,189,000 1,319,790 Question No. 28 - A Cash (P1.5M x .75) Receivable from factor (P1.5M x .1) Allowance for doubtful accounts Loss on factoring Accounts receivable C.A. 5,600,000 4,411,000 3,091,210 1,125,000 150,000 35,000 190,000 1,500,000 Question No. 29 - D Question No. 30 - A Page 3 of 7 www.teamprtc.com.ph FAR.FinPB5.23 Principal Interest Cash flows 700,000 35,000 PVF at 4%, 20 periodsPurchase price 0.4564 319,480 13.5903 475,661 795,141 Partial amortization schedule: Date NI (5%) 3/1/23 8/31/23 35,000 2/28/24 35,000 EI (4%) Disc. Amort. 31,806 31,678 3,194 3,322 Interest income - 2023: 3/1 - 8/31 9/1 - 12/31 (P31,678 x 4/6) A.C. 795,141 791,947 788,625 31,806 21,119 52,925 Question No. 31 - B FV of FVTPL securities, 12/31/23 Less FV of FVTPL securities, 12/31/22 Unrealized holding gain (loss) - P/L 155,000 100,000 55,000 Question No. 32 - D FV of FVTOCI securities, 12/31/23 Less cost of FVTOCI securities Unrealized holding gain (loss) - accumulated OCI 130,000 150,000 (20,000) Question No. 33 - A Acquisition cost Share of profit (P150,000 x 30%) Dividends received (P90,000 x 30%) Carrying amount, 12/31/23 360,000 45,000 (27,000) 378,000 Held for sale (40%): Carrying amount (P378,000 x 40%) 151,200 Fair value less costs to sell [(P390,000 x .95) x 40%] 148,200 Amount to be reported (whichever is lower) 148,200 Question No. 34 - D Future value of annuity due of P1 for 6 periods at 8%: Future value of 1 for 4 periods at 10%: Future value of ordinary annuity of 1 for 4 periods at 10%: 7.9228 1.4641 4.6410 Years 1 to 6 (P800,000 x 7.9228) 6,338,240 Years 7 to 10 (P6,338,240 x 1.4641) Years 7 to 10 (P800,000 x 4.6410) Question No. 35 - D Question No. 36 - A Question No. 37 - B Unadjusted accounts payable Unrecorded purchases Unrecorded purchase returns Adjusted accounts payable Question No. 38 - C CA of old liability Less PV of new liability Principal (P8M x .6575) Interest (P8M x .21 x 2.2832) Difference (Gain on change in ECF) 9,279,817 3,712,800 12,992,617 1,100,000 20,000 (35,000) 1,085,000 10,000,000 5,260,000 3,835,776 9,095,776 904,224 Question No. 39 - C Issue price Page 4 of 7 3,000,000 www.teamprtc.com.ph FAR.FinPB5.23 Less liability component: PV of redemption price (P3M x 1.1 x 0.6830) PV of interest (P3M x 6% x 3.1699) Equity component Question No. 40 - D Payment 1/1/22 1/1/22 1/1/23 1/1/24 Int. (10%) Dec. in liab. 533,000 486,300 1,000,000 467,000 513,700 1,000,000 1,000,000 1,000,000 2,253,900 570,582 2,824,482 175,518 Lease liability Lease liability, 1/1/23 Interest on lease liability - 2023 Lease liability, 12/31/23 6,330,000 5,330,000 4,863,000 4,349,300 4,863,000 486,300 5,349,300 Question No. 41 - B Question No. 42 - A Current service cost Gain on settlement Interest, net [(P10M - P9M) x .06] Net amount in profit or loss 3,000,000 (500,000) 60,000 2,560,000 Question No. 43 - A Actuarial loss on DBO Remeasurement loss (gain) on PA [(P9M x .06) - P630,000] Net amount in OCI 800,000 (90,000) 710,000 Question No. 44 - B Cumulative expense, year 3 {167 x 100 x [(P21 x 3/3) + (P3 x 2/2)]} Cumulative expense, year 2 {165 x 100 x [(P21 x 2/3) +(P3 x 1/2)]} Expense - year 3 400,800 (255,750) 145,050 Question No. 45 - A Question No. 46 - B Income before tax and depreciation expense Depreciation - 2023 for tax purposes Taxable profit x Tax rate Current tax expense/payable 2,000,000 (400,000) 1,600,000 0.35 560,000 Question No. 47 - A Total proceeds (with ordinary shares) Fair value of preference shares (20,000 x P150) Allocated to ordinary shares Par value of ordinary shares (60,000 x P50) Share premium 7,000,000 (3,000,000) 4,000,000 (3,000,000) 1,000,000 Note: The redeemable preference shares are financial liabilities Question No. 48 - D Total equity, 12/31 Prior period error Gain on sale of treasury shares Dividends declared Net income Total equity, 1/1 Share capital Retained earnings, 1/1 448,700 (10,000) (9,000) 60,000 (75,500) 414,200 (300,000) 114,200 Question No. 49 - D Total equity Less Preference SHE Liquidation value (200,000 x P115) Page 5 of 7 95,000,000 23,000,000 www.teamprtc.com.ph FAR.FinPB5.23 Dividends (P20M x .12) Ordinary SHE Outstanding ordinary shares Book value per ordinary share 2,400,000 Question No. 50 - A Profit Net interest expense on bonds (P8M x .05 x .65) Profit to OS /WA outstanding OS Actual 10,000,000 Potential (P8M/P1T x 150) 1,200,000 Basic EPS Question Question Question Question Question Question Question No. No. No. No. No. No. No. 51 52 53 54 55 56 57 25,400,000 69,600,000 500,000 139.20 20,000,000 260,000 20,260,000 11,200,000 1.81 -D -D -B -A -B -A -A (1) Depreciation for 2022 - under (2) Litigation settlement (P25,000 x .7) (3) Inventory, 12/31/21 - under (4) Disposal of business segment (Discontinued operation) Question No. 58 - C Question No. 59 - D Question No. 60 - A Profit before income tax Adjustments for: Depreciation on property, plant and equipment Provision for impairment losses Unrealized foreign exchange gains Fair value adjustment gain on FA at FVTPL Fair value adjustment loss on investment property Share of profit of associate Gain on sale of FA at AC Loss on sale of equipment Gain on debt extinguishment Gain on distribution of non-cash assets to owners Interest expense Interest income Operating income before changes in working capital accounts Changes in operating assets and liabilities: Increase in accounts receivable Decrease in inventory Increase in accounts payable Net cash generated from operations Interest paid Interest received Income taxes paid Net cash provided by operating activities Effect on 2023 C.O. (17,500) (17,500) 880,000 250,000 150,000 (60,000) (130,000) 190,000 (220,000) (85,000) 70,000 (125,000) (40,000) 150,000 (80,000) 950,000 (350,000) 100,000 300,000 1,000,000 (200,000) 90,000 (160,000) 730,000 Supporting computations: Interest Interest Interest Interest expense payable, beginning of the year payable, end of the year paid 150,000 100,000 (50,000) 200,000 Interest Interest Interest Interest income receivable, beginning of the year receivable, end of the year received 80,000 30,000 (20,000) 90,000 Page 6 of 7 www.teamprtc.com.ph FAR.FinPB5.23 Question No. 61 - C Sales - Division 1 Traceable operating costs Allocated indirect operating costs (P500,000 x .25) Operating profit - Division 1 Question No. 62 - A Question No. 63 - B Cash Inventory (P27M x 300/270) Property, plant and equipment (P9M x 300/150) Total assets Current liabilities Noncurrent liabilities Total equity Share capital (P4M x 300/100) Retained earnings 3,000,000 (1,900,000) (125,000) 975,000 3,500,000 30,000,000 18,000,000 51,500,000 (7,000,000) (5,000,000) 39,500,000 (12,000,000) 27,500,000 Question No. 64 - B Question No. 65 - D Question No. 66 - B The investment is measured at cost (P500,000+P25,000). See PFRS for SEs Section 6 par. 103(b). Question No. 67 - B The investment is measured at cost (P500,000+P25,000). See PFRS for SEs Section 6 par. 103(b). Question No. 68 - D Equity, Dec. 31 (P12.3M - P5M) Equity, Jan. 1 (P9.5M - P3M) Net increase (decrease) in equity Owner contributions: Reissuance of treasury shares (2,000 x P8) Owner distributions: Retirement of preference shares (5,000 x P11) Acquisition of treasury shares (5,000 x P12) Comprehensive income (net income) 7,300,000 (6,500,000) 800,000 (16,000) 55,000 60,000 899,000 Question No. 69 - B Sales Cost of sales (P62,400+P320,000-P64,000) Sales salaries expense (P40,000+P1,920) Advertising expense (P5,360 - P560) Administrative salaries expense Office expense (P4,000 - P1,200) Doubtful accounts expense [(P33,600 x .08) - P2,160] Depreciation (P67,200 x .2) Insurance expense Interest expense Profit before tax 480,000 (318,400) (41,920) (4,800) (52,000) (2,800) (528) (13,440) (2,040) (2,688) 41,384 Question No. 70 - D Proceeds from issuance of shares Net income (P82,000 - P64,000) Cash dividends declared Total equity, 12/31 Total liabilities, 12/31 Total assets, 12/31 750,000 18,000 (3,000) 765,000 120,000 885,000 Page 7 of 7 www.teamprtc.com.ph FAR.FinPB5.23 Advanced Financial Accounting and Reporting 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. B C C A C D B C C A 21. A Beg NCA Balance Loss Balance Absorption Payment. BEE 60,00 (15,000) 45,00 (47,500) ( 2,500) 2,500 - C B A B B B C A C D CEE 40,000 DEE 30,000 GEE 10,000 40,000 (28,500) 11,500 (1,500) 10,000 30,000 (9,500) 20,500 (500) 20,000 10,000 (9,500) 500 (500) - TOTAL 140,000 (15,000) 125,000 (95,000) 30,000 30,000 22. B Since Superman will be credited in full for amount invested, the capital balance will be 1,200,000 which is 1/3 capital interest. Therefore, total capital of the partnership shall be computed as such: 1.2M/ 1/3 = 3,600,000 23. D 14,000 + 10,000 + 6,000 = 30,000 24. C Cash, beg + Proceeds – all Liab – Cash Withheld = Cash for payment 4,000 + 3,000 + 4,000 – 7,000 – 2,000 = 2,000 25. C Beg Loss Balance Abs Balance. Abs Payment Warle 8,000 (5,400) 2,600 (3,000) (400) 400 - Xin 15,000 (8,100) 6,900 (4,500) 2,400 (400) 2,000 Yates 6,000 (13,500) (7,500) 7,500 - TOTAL 29,000 (27,000) 2,000 2,000 2,000 Loss: Accounts Receivable- 6,000 – 3,000 3,000 Inventory- 14,000 – 4,000 10,000 Plant Assets (Theoretical Loss) 12,000 Cash withheld 2,000 Total Loss 27,000 26. D Since there is no given capital ratio, it is assumed to be equal to the contributions ratio, hence this is under the net investment method. 15,000 + 200,000= 215,000 27. C Inventory ( 250,000- 200,000) Land (900,000- 800,000) Total revaluation A: P 150,000 x 50% = P 75,000 B: P 150,000 x 30% = P 45,000 D: P 150,000 x 20% = P 30,000 28. D Unadjusted Total Capital Revaluation of Assets Adjusted Capital before Admission Divide by Total Capital after Admission Multiply by Janice’s Investment for 1/5 Interest 32. A 50,000 100,000 150,000 P 2,025,000 150,000 2,175,000 4/5 2,718,750 1/5 543,750 29. A Adj Bal Purchased Cap A: P 810,000 + 75,000 = 885,000 177,000 B: P 729,000 + 45,000 = 774,000 * 20% 154,800 D: P 486,000 + 30,000 = 516,000 103,200 Adj. Capital of Donna Less: Purchased Capital Balance of Donna after Purchase 516,000 103,200 412,800 Capital of B Purchased by J Share in the Gain (15,000* 30%) Cash Received by Blanche 154,800 4,500 159,300 Loss= 450,000 -(2,175,000* 20%) = 15,000 30. A Net Gain (1,440,000 + 1,280,000 – 2,000,000 - 220,000) 500,000 SHE ( 2,500,000 – 1,200,000). 1,300,000 Payment to SH (500,000/ 1,300,000) 38% 31. B Est Cash (166,000 + 112,000 + 104,000) Less: Prioritized Claims (26,000 + 76,000 + 112,000) Cash Available to Unsecured Less: Unsecured (276,000 + 24,000) Est Deficiency ERR= 168/300 Partilly Secured: Secured 112,000 x 100% Usecured 24,000 x 56% Total 382,000 214,000 168,000 300,000 (132,000) 56% 112,000 13,440 125,440 Available Cash 300,000 Less: Prioritized Claims: FS 150,000 PS 75,000 US w/P (40,000 +5,000 +10,000) 55,000 280,000 Cash Available for Unprioritized Claims 20,000 Less: Unprioritized Claims US Portion of PS Claim 25,000 US w/out Priority 75,000 100,000 Deficiency to Unprioritized Claims 80,000 Recovery Rate (20,000/100,000) 20% 33. D Refer to above solution 34. A PS 100,000: SP 75,000 x 100% 25,000 x 20% Total 75,000 5,000 80,000 35. C Sales Less: COS (11,520+ 936) * 50/80 Gross Profit Less: OPEX (360+ 2,625) Consignment Profit 13,125 7,785 5,340 2,985 2,355 36. C Bal before Consignment Profit Cons Profit Adjusted Balance/ Inv End 2,316 2,355 4,671 37. A COS: Beg Shipments End COS at BP Divide by COS at Cost Multiply by AFOVBI (COS) 38,400 99,840 (30,720) 107,520 1.2 89,600 0.2 17,920 38. A Br: Sales Less: COS at Cost GP Less:OPEX Net Income 134,400 89,600 44,800 23,040 21,760 39. C HO: Sales Less: COS Beg 384,000 76,800 Purchases Shipments End GP Less:OPEX HONI Br True Net Income CNI 40. B Sales COS: Inv, beg Purchases Shipments Inv, end GP OPEX RBNI 320,000 (83,200) (62,720) 250,880 133,120 46,080 87,040 21,760 108,800 300,000 19,000 20,000 180,000 (40,000) 179,000 121,000 80,000 41,000 41. D AFOVBI: TGAS Inv, end (40,000*60%)/ 1.2 *.2 COGS 31,500 (4,000) 27,500 ( 180,000/ 150,000= 120%) Sales COS: Inv, beg Purchases Shipments Inv, end GP OPEX HONI HONI RBNI RA CNI 42. A 400,000 40,000 210,000 (150,000) (50,000) 50,000 350,000 210,000 140,000 140,000 41,000 27,500 208,500 RBNI RA TBNI 43. B Unadj Balance (a) Cash in Transit (b) SIT (90,000-75,000) (c) RIT (1,600) Adj Balance 93,400 54. D Inv, beg 500,000 Share in NI (144,000 * 50%) 72,000 Share in Dividends (36,000*50%) (18,000) Inv, end 554,000 55. B RE, beg NI Dividends Share in NI RE, end 56. C Inv in JV Equipment Gain on Sale 100,000 72,000 (18,000) 72,000 226,000 500,000 57. D Cost NCI (250,000/ .80 x .20) Total Less: BV of NA Excess Land BCVR: (62,500 x 25%) Reported By P Reported by S Consolidated Land 58. C Building BCVR: 62,500 x 75%) Reported By P Reported by S Consolidated Building 41,000 27,500 68,500 HO Books 95,000 53. B The Joint Arrangement is a Joint Venture (rights over NA) and the joint venturer will set up the investment account at the FV of the asset contributed of 500,000 BRANCH Books 73,400 5,000 15,000 93,400 59. A P’s APIC prior to Bus Com APIC recognized upon issuance Less: CTIRS Consolidated APIC 60. B P’s RE prior to Bus Com Less: Expenses Consolidated RE 480,000 20,000 250,000 62,500 312,500 (250,000) 62,500 15,625 300,000 50,000 365,625 46,875 400,000 150,000 596,875 60,000 50,000 55,000 55,000 140,000 65,000 75,000 52. B Upstream adjustments RGP on beginning inventory (P6,125 x 25%) Downstream adjustments DGP on ending inventory (P10,500 x 30%) 61. A (Refer to previous solution) P 62. D 1,531 DM Conv Cost TMC 3,150 COGS = P1,232,000 + P882,000 –P56,000 -P1,531 + 3150 = P2,059,619 63. C SIP 475,000 53. D CNI = P80,500 + P78,750 + P1,531 – P3,150 = P 157,631 54. B Item: AR 1M * ( 0.32- 0.33) 10,000 Instmnt: AP 1M (.305-.316)= 11,000 11,000* .980296 (10,783) Net Amount 55. D 15,000/3 783 = 5,000 * 2 months= 10,000 56. B Temporal Method: AR CR Inventories HR Plant Assets HR TOTAL ASSETS 850,000 575,000 900,000 2,325,000 57. D All items at Current Rates: 2,650,000 58. D Prod X A K NRV 31,000 26,000 27,000 84,000 Joint Cost APC 21,700 5,000 18,200 4,200 18,900 4,000 58,800 10,200 950,000 4,050,000 5,000,000 Total Cost U.C. 26,700 33.38 22,200 37.00 21,900 54.75 70,800 - 59. B (Refer to above solution) 60. C PROD I PROD II SERV A SERVE B Budg costs P 480,000 P 520,000 P40,000 P60,000 Alloc of A 19,630 18,518 (40,000) 1,852 Alloc of B 31,827 30,025 -(61,852) Totals P531,457 P 568,543 --- C&T IP,end TOTAL 425,000 50,000 475,000 Materials 425,000 50,000 475,000 Conv Cost 425,000 25,000 450,000 Unit Cost: Mat (950,000/ 475,000) 2 CC (4,050,000/ 450,000) 9 Total Unit Cost 11 C&T 425,000 * 11 IP,end Mat (50,000*2) 100,000 CC (25,000*9) 225,000 4,675,000 325,000 64. D Gross Loss= 975,000- 1M = (25,000) CIP= 600,000 – 25,000 = 575,000 65. D PB 700,000 CIP (same with %age of Comp) 575,000 Contract Liability 125,000 66. C GL at 100% GL in 2027 GL IN 2028 67. B Transaction Price DP Balance 50,000 x 3.17 Franchise Revenue Interest revenue 158,500* .10 Direct Cost Indirect Cost (75,000) 25,000 (50,000) 100,000 158,500 258,500 258,500 15,850 (27,000) (15,000) Profit for 2021 68. D Balance of Note 158,500 – (50,000- 15,850) 232,350 124,350 Interest Revenue 124,350 x 10% 12,435 69. C Franchise Revenue (258,500/4) Interest revenue 158,500* .10 Direct Cost (27,000/4) Indirect Cost Profit for 2021 64,625 15,850 (6,750) (15,000) 58,725 70. B Franchise Revenue (258,500/4) Interest revenue 158,500* .10 Direct Cost (27,000/4) Profit for 2021 64,625 12,435 (6,750) 70,310