ReSA - THE REVIEW SCHOOL OF ACCOUNTANCY CPA Review Batch 41 May 2021 CPA Licensure Examination REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS Atty. J. Domingo Atty. N. Soriano 1. ____________________are those who compose a corporation, whether as stockholders or shareholders in a stock corporation or as members in a nonstock corporation. a. Corporators b. Incorporators c. Promoters d. Underwriters 2. ____________________are those stockholders or members mentioned in the articles of incorporation as originally forming and composing the corporation and who are signatories thereof. a. Corporators b. Incorporators c. Promoters d. Underwriters 3. Holders of nonvoting shares shall nevertheless be entitled to vote on the following matters a. Amendment of the articles of incorporation b. Adoption and amendment of bylaws; c. Sale, lease, exchange, mortgage, pledge, or other disposition of all or substantially all of the corporate property d. All of the above 4. Holders of nonvoting shares shall nevertheless be entitled to vote on the following matters a. Incurring, creating, or increasing bonded indebtedness b. Increase or decrease of authorized capital stock c. Merger or consolidation of the corporation with another corporation or other corporations d. All of the above 5. No-par value shares must be issued for a consideration of at least a. Five pesos per share b. One peso per share c. Ten pesos per share d. One hundred pesos per share 6. For founders’ shares, where the exclusive right to vote and be voted for in the election of directors is granted, it must be for a limited period not to exceed ____ year/s from the date of incorporation a. One b. Two c. Five d. Ten 7. These are shares of stock which have been issued and fully paid for, but subsequently reacquired by the issuing corporation through purchase, redemption, donation, or some other lawful means. a. Redeemable shares b. Treasury shares c. Watered stocks d. Nominal shares Page 1 of 18 0915-2303213 www.resacpareview.com ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 8. Any person, partnership, association or corporation, singly or jointly with others but not more than __________ in number, may organize a corporation for any lawful purpose or purposes: a. 5 b. 10 c. 15 d. None of the above 9. A corporate term for a specific period may be extended or shortened by amending the articles of incorporation: Provided, That no extension may be made earlier than ________ years prior to the original or subsequent expiry date(s) unless there are justifiable reasons for an earlier extension as may be determined by the Commission: a. Two b. Three c. Five d. Ten 10. 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 _______ of the outstanding capital stock, without prejudice to the appraisal right of dissenting stockholders in accordance with the provisions of this Code. a. 1/3 b. ½ c. 2/3 d. ¾ 11. 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 ____________ proceeding. a. Impeachment b. Quo warranto c. Both A & B d. None of the above 12. If a corporation does not formally organize and commence its business within _____ years from the date of its incorporation, its certificate of incorporation shall be deemed revoked as of the day following the end of such period a. Two b. Three c. Five d. Ten 13. If a corporation has commenced its business but subsequently becomes inoperative for a period of at least ________ consecutive years, the Commission may, after due notice and hearing, place the corporation under delinquent status. a. Three b. Five c. Ten d. Twenty Page 2 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 14. A delinquent corporation shall have a period of __________ year/s to resume operations and comply with all requirements that the Commission shall prescribe. a. One b. Two c. Three d. Five 15. Directors shall among the holders of while trustees shall year/s from among the a. One b. Two c. Three d. Five be elected for a term of one (1) year from stocks registered in the corporation’s books, be elected for a term not exceeding ______ members of the corporation. 16. Any director or trustee of a corporation may be removed from office by a vote of the stockholders holding or representing at least ___________ of the outstanding capital stock. a. ½ b. 2/3 c. ¾ d. All 17. In the absence of any provision in the bylaws fixing their compensation, the directors or trustees shall not receive any compensation in their capacity as such, except for reasonable ________. a. Honorariums b. Talent fee c. Per diems d. None of the above 18. 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 ______________ for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons. a. Jointly b. Jointly and severally c. Solidarily d. Both B & C 19. No management contract shall be entered into for a period longer than _______ years for any one (1) term. a. Five b. Ten c. Twenty d. Fifty 20. The owners of _________ of the outstanding capital stock may delegate to the board of directors the power to amend or repeal the bylaws or adopt new bylaws. a. ½ b. Majority c. 2/3 d. ¾ Page 3 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 21. Regular meetings of stockholders or members shall be held annually on a date fixed in the bylaws, or if not so fixed, on any date after ______ of every year as determined by the board of directors or trustees. a. January 15 b. March 15 c. April 15 d. December 15 22. Special meetings of stockholders or members shall be held at any time deemed necessary or as provided in the bylaws: Provided, however, That at least ______ week/s written notice shall be sent to all stockholders or members, unless a different period is provided in the bylaws, law or regulation. a. One b. Two c. Three d. Ten 23. Each share shall be equal in all respects to every other share, except as otherwise provided in the articles of incorporation and in the certificate of stock. No share may be deprived of voting rights except those classified and issued as “preferred” or “redeemable” shares, unless otherwise provided in this Code. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 24. Holders of nonvoting shares shall not be entitled to vote on any corporate matter. Banks, trust, insurance, and preneed companies, public utilities, building and loan associations, and other corporations authorized to obtain or access funds from the public, whether publicly listed or not, shall be permitted to issue no-par value shares of stock. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 25. Preferred shares of stock may be issued only with a stated par value. A corporation shall have perpetual existence unless its articles of incorporation provides otherwise. a. Only b. Only c. Both d. Both Page 4 of 18 the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 26. The board of the following corporations vested with public interest shall have independent directors constituting at least thirty percent (30%) of such board. Immediately after their election, the directors of a corporation must formally organize and elect: (a) a president, who must be a director; (b) a treasurer, who must be a citizen; (c) a secretary, who must be a citizen and resident of the Philippines; and (d) such other officers as may be provided in the bylaws. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 27. The same person may hold two (2) or more positions concurrently, except that no one shall act as president and secretary or as president and treasurer at the same time, unless otherwise allowed in this Code. A person shall be disqualified from being a director, trustee or officer of any corporation if, within three (3) years prior to the election or appointment as such, the person was convicted by final judgment of an offense punishable by imprisonment for a period exceeding six (6) years. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 28. In no case shall the total yearly compensation of directors exceed ten (10%) percent of the net income before income tax of the corporation during the preceding year. 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 void, at the option of such corporation. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 29. Stockholdings exceeding ten percent (10%) of the outstanding capital stock shall be considered substantial for purposes of interlocking directors. If the bylaws so provide, the board may create committee composed of at least five (5) directors. a. Only b. Only c. Both d. Both Page 5 of 18 the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. an executive ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 30. A private corporation may extend or shorten its term as stated in the articles of incorporation when approved by a majority vote of the board of directors or trustees, and ratified at a meeting by the stockholders or members representing at least two-thirds (2/3) of the outstanding capital stock or of its members. Stock corporations are prohibited from retaining surplus profits in excess of ten percent (10%) of their paid-in capital stock. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 31. For the adoption of bylaws by the corporation, the affirmative vote of the stockholders representing at least a majority of the outstanding capital stock, or of at least a majority of the members in case of nonstock corporations, shall be necessary. Stockholders’ or members’ meetings, whether regular or special, shall be held in the principal office of the corporation as set forth in the articles of incorporation, or, if not practicable, in the city or municipality where the principal office of the corporation is located. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 32. One or more stockholders of a stock corporation may create a voting trust for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for a period not exceeding three (3) years at any time. A subscription of shares in a corporation still to be formed shall be irrevocable for a period of at least seven (7) months from the date of subscription, unless all of the other subscribers consent to the revocation, or the corporation fails to incorporate within the same period or within a longer period stipulated in the contract of subscription. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 33. In a contract of sale, the thing must be licit and the vendor must have a right to transfer the ownership thereof at the time of the perfection of the contract. The sale of a mere hope or expectancy is void. a. Only b. Only c. Both d. Both Page 6 of 18 the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 34. Profits generated by such “right of resale” should be remitted by the seller to the original buyer. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing sold. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 35. The following persons cannot acquire by purchase, even at a public or judicial auction sales or in legal redemption, compromises and renunciations, either in person or through mediation of another: a. The guardian, the property of the person or person who may be under his guardianship b. Executors and administrators, the property of the estate under their administration c. Public officers and employees the property of the State or any subdivision thereof or of any GOCC or institution, the administration of which has been entrusted to them. d. All of the above 36. A sale with a right to repurchase or even a deed of absolute sale shall be presumed to be an equitable mortgage in any of the following cases: a. When the price of a sale with right to repurchase is unusually inadequate b. When the seller remains in possession as lessee or otherwise c. When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed d. All of the above 37. On March 1, Katie sold his land to Larry for P800,000. It was evidenced by a contract of sale in a public instrument. On the next day, he again sold it to Manny for P1,300,000. Manny immediately occupied the land. On March 5, it was sold for a third time to Nerissa for P900,000, who registered it but with knowledge of both prior sale to Larry and Manny. Who is the rightful owner of the subject matter? a. Larry, because he has the oldest title. b. Larry, because the sale is in a public instrument. c. Manny, because he was the first possessor in good faith. d. Nerissa, because she was the first registrant in good faith 38. The right of redemption should be exercised within the period agreed upon which should not exceed ________ years from the date of the contract. a. Five b. Ten c. Twenty d. Fifty 39. In the absence of an express agreement in a conventional redemption, the seller should redeem within ________ years from the date of the contract a. Two b. Three c. Four d. Ten Page 7 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 40. On March 1, Katie sold his land to Larry for P800,000. It was evidenced by a contract of sale in a private instrument. On the next day, he again sold it to Manny for P1,300,000. Manny immediately occupied the land. On March 5, it was sold for a third time to Nerissa for P900,000, who registered it but with no knowledge of both prior sale to Larry and Manny. Who is the rightful owner of the subject matter? a. Larry, because he has the oldest title. b. Larry, because the sale is in a private instrument. c. Manny, because he was the first possessor in good faith. d. Nerissa, because she was the first registrant in good faith 41. Benny sold his car, having a fair market value of P800,000 to Carrie for P20,000 only. This is a a. Void contract b. Valid contract c. Voidable contract d. Unenforceable contract 42. Bobby is contemplating whether to buy Susan’s car for P400,000. To give him more time, he gave a P20,000 option money to Susan. He finally decided to buy the subject matter after 2 days. How much should Bobby give to Susan at the date of payment? a. P400,000 b. P380,000 c. P420,000 d. Cannot be computed 43. Every contract of partnership having a capital of two thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange Commission. A contract of partnership is voidable, whenever immovable property is contributed thereto, if an inventory of said property is not made, signed by the parties, and attached to the public instrument. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 44. In all cases, a partnership begins from the moment of the execution of the contract. Every partner is a creditor of the partnership for whatever he may have promised to contribute thereto. a. Only b. Only c. Both d. Both Page 8 of 18 the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 45. In all cases, an industrial partner cannot engage in business for himself. A capitalist partner may prohibit an industrial partner engaging in the same kind of business as the partnership. a. Only b. Only c. Both d. Both from the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 46. A capitalist partner may prohibit an industrial partner from engaging in a different kind of business as the partnership. If there is no agreement to the contrary, in case of an imminent loss of the business of the partnership, any kind of partner who refuses to contribute an additional share to the capital to save the venture, shall he obliged to sell his interest to the other partners. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 47. The courts may equitably lessen the responsibility of a partner if through that partner's ordinary efforts in other activities of the partnership, unusual profits have been realized. In the absence of stipulation, the share of each partner in the profits and losses shall be in proportion to what he may have contributed at the start of the partnership. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 48. Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property. 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. a. Only b. Only c. Both d. Both the first statement is correct. the second statement is correct. statements are correct. statements are incorrect. 49. Articles of universal partnership, entered into without specification of its nature, only constitute a_______________. a. Universal partnership of all present property b. Universal partnership of profits c. Limited partnership d. General partnership Page 9 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 50. Mr. X personally owe P10,000 to Mr. A, the managing partner in charge for collection of ABC Partnership. On the other hand, Mr. X owe P30,000 to the partnership. When both debts are due, Mr. X paid P8,000 to Mr. A, with the latter issuing a receipt under his name. How much of the P8,000 should go to Mr. A, if any? a. P8,000 b. P6,000 c. P2,000 d. 0 51. Mr. X personally owe P10,000 to Mr. A, the managing partner in charge for collection of ABC Partnership. On the other hand, Mr. X owe P30,000 to the partnership. When both debts are due, Mr. X paid P8,000 to Mr. A, with the latter issuing a receipt under the name of the partnership. How much of the P8,000 should go to Mr. A, if any? a. P8,000 b. P6,000 c. P2,000 d. 0 52. A (60% ownership interest), B (15%), C (15%), and D (10%) are partners in ABCD. All of them were designated as managing partners in the firm. During a meeting of the partnership, they were discussing a possible expansion of the business. A chose Cebu as the next expansion area of the business, while B, C and D chose Davao. Applying the rules of Article 1801, which would prevail as the next expansion site of the business? a. Cebu b. Davao c. Manila d. None of the above 53. James borrowed P10,000 from Cristopher as evidenced by a promissory note. The note complied with all the requisites of negotiability, except that James did not affix his usual signature thereon as he was very ill at the time he prepared the instrument. James wrote “X” on the space intended for the signature of the maker. In the instrument negotiable? a. No, the law requires the full signature of the maker before the instrument will be considered negotiable b. No, the law requires that at least the surname of the maker be placed in the instrument c. Both A and B d. Yes, the “X” mark is sufficient to make the instrument negotiable. 54. “I promise to pay X or order the P1,000 out of the proceeds of the sale of my house. (Signed) Y” “I promise to pay Y or order the sum of P10,000 as soon as my means permit me to do so. (Signed) X” a. b. c. d. Both Both Only Only Page 10 of 18 instruments are negotiable instruments are not negotiable the first instrument is negotiable the second instrument is negotiable ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 55. How do you treat a negotiable instrument that is so ambiguous that there is doubt whether it is a bill or a note? a. The holder should treat it as a bill of exchange b. The holder should treat it as a promissory note c. The holder may treat it either as a bill of exchange or a promissory note, at his election d. None of the above 56. Under Batas Pambansa Blg. 22, 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 _____ days form the date of the check, shall be prima facie evidence of knowledge of such insufficieny of funds or credit. a. 30 days b. 60 days c. 90 days d. 120 days 57. This test mandates that the entirety of the marks in question must be considered in determining confusing similarity. a. Dominancy Test b. Holistic Test c. Idem Sonans Test d. None of the above 58. Within what term or period may intellectual right involving patents exist? a. 10 years subject to indefinite renewal for periods of 10 years each b. 20 years from the filing date of application c. During author’s lifetime and for 50 years after his death d. None of the above 59. Which of the following is not a qualification for organizers of a primary cooperative? a. Must be 15 or more natural persons b. Must be residents of the Philippines c. Must be of legal age d. None of the above 60. A cooperative for fishermen has an authorized share capital amounting to P100, 000. How much is the minimum paid up share capital for this cooperative? a. P100,000 b. P25,000 c. P6,250 d. None of the above 61. The failure of the Office of the President to act on the appeal of a cooperative within ______ from the filing thereof shall mean an approval of the said application. a. 30 days b. 60 days c. 90 days d. 120 days Page 11 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 62. Which of the following is an invalid cooperative name? a. Bulacan Farmers Development Cooperative b. CAVITE ELECTRIC COOPERATIVE (Cavelco) c. Both A & B d. None of the above 63. Its primary purpose is to procure and distribute commodities to members and non-members. a. Cooperative bank b. Consumers cooperative c. Agrarian reform cooperative d. Dairy cooperative 64. He is one who has no right to vote nor be voted upon and shall be entitled only to such rights and privileges as the by-laws of the cooperative may provide a. Regular member b. Associate member c. Affiliate member d. None of the above 65. It is a cooperative organized by minors a. Nursery cooperative b. Junior cooperative c. Laboratory cooperative d. Kiddie cooperative 66. For cooperative banks, what is the quorum needed for meetings of the General Assembly? a. At least 25% of the members entitled to vote b. At least 50% plus one of the members entitled to vote c. At least 5% of all members entitled to vote, unless the by laws provide otherwise d. None of the above 67. No member of a primary cooperative other than the cooperative itself shall own or hold more than ______ of the share capital of the cooperative a. 5% b. 10% c. 25% d. 50% 68. A cooperative will be dissolved if it has not commenced business and its operation within two years after the issuance of its certificate of registration or has not carried on its business for _____ consecutive years. a. Five b. Three c. Two d. Ten 69. Which among the following transactions is not covered by the protection of the Bank Secrecy Law? a. Impeachment cases b. Cases covered by the Unclaimed Balances Act c. Cases involving dereliction of duty of public officials d. All of the above Page 12 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 70. It is obligatory of every bank to report, in sworn statement, to the Treasurer of the Philippines of deposits that have not been touched for a period of _____ years or held in favor of persons known to be dead. a. 2 years b. 5 years c. 10 years d. 50 years 71. Who is liable for the payment of the insurance premium for deposits covered by the PDIC? a. The depositor b. The bank c. The President of the Philippines d. Both A & B, equally 72. Nicole has an individual savings account with BDO-Manila amounting to P1,000,000. She also has a P9,000,000 checking account with BDO-Bulacan. Due to a failing economy, BDO was ordered to close down by the BSP. How much can Nicole recover from the PDIC, if any? a. P500,000 b. P1,000,000 c. P6,000,000 d. Zero 73. Deposits of a closed insured bank has _______ from the date of bank turnover to his deposit insurance claim. Otherwise, he should file his claim directly against the assets of the bank. a. 12 months b. 24 months c. 36 months d. 60 months 74. Under the provisions of the Anti-Money Laundering Act, a single casino cash transaction involving an amount in excess of _____________will be considered a “covered transaction”. a. P500,000 b. P1,000,000 c. P2,000,000 d. None of the above 75. Under the provisions of the Anti-Money Laundering Act, which among the following is not a covered person? a. Lawyers b. Accountants c. Both A & B d. None of the above 76. What court would have jurisdiction violations of the Anti-Money Laundering Act? a. Municipal Trial Court b. Regional Trial Court c. Sandiganbayan d. Both B & C Page 13 of 18 for cases involving ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 77. The AMLC may inquire into deposits upon order of the court when there is a probable cause that the deposits are related to the crime or unlawful activity. However, a court order is not even necessary when the offense or unlawful activity involved is any of the following: a. Hijacking b. Murder c. Both A & B d. None of the above 78. All government agencies, national or local, government owned and controlled corporations, government instrumentalities located in the Philippines or abroad shall comply with prescribed processing time. Complex transactions should be processed within ______________. a. 3 working days b. 7 working days c. 20 working days d. None of the above 79. Restitution for any aggrieved party under DPA shall be governed by the provisions of the _____________. a. Code of Commerce b. Data Privacy Act c. 1987 Philippine Constitution d. New Civil Code 80. The act of processing sensitive personal information for unauthorized purposes is punishable by: a. 1.5 to 5 years of imprisonment and fine of P500,000 to P1,000,000 b. 2 to 7 years of imprisonment and fine of P500,000 to P1,000,000 c. 1.5 to 5 years of imprisonment and fine of P500,000 to P2,000,000 d. 2 to 7 years of imprisonment and fine of P500,000 to P2,000,000 81. Interest income from bank deposits are considered as a. Natural fruits b. Industrial fruits c. Civil fruits d. Juicy fruits 82. Howard, Ivan and Jacob are joint debtors. They obliged themselves to deliver a specific dog (worth P9,000) to Peter and Quiroz, joint creditors. Assuming Howard is the only one who does not want to comply with the obligation, how much is the total amount that can be collected from him by the creditors? a. P9,000 b. P9,000 plus damages c. P3,000 plus damages d. None. He is not forced to comply. Page 14 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 83. Alex, Bryan and Cesar are solidary debtors for the amount of P45,000 from Felix. Bryan has already paid P20,000 to Felix. How much can Felix further collect from Bryan? a. P25,000 b. None. It has already exceeded the share of B. c. Another P20,000 d. P5,000 84. One peso coins are considered to be legal tender up to a. One thousand pesos b. One hundred pesos c. One million pesos d. Up to any amount 85. On January 1, Dominic borrowed P20,000 from Carmina. On February 1, the former borrowed another P10,000 from the latter, evidenced by an interest bearing promissory note. Both debts are now due. Upon demand by Carmina, Dominic paid P6,000 without designating the liability on which it would be applied. How will the P6,000 be applied? a. It will be considered as payment for the January 1 debt only b. It will be considered as payment for the February 1 debt only c. It will be considered as payment for both debts, in the ratio of 1:1 d. It will be considered as payment for both debts, in the ratio of 2:1 respectively 86. What is the translation of the innominate contract “Facio ut des”? a. I give that you may give b. I give that you may do c. I do that you may give d. I do that you may do 87. Which among the defective? a. Voidable b. Void c. Rescissible d. Unenforceable following is considered to be the most 88. Gardo is the guardian of Mary, a minor. He sold Mary’s car with a fair value of P200,000 for just P18,000. The contract entered into by Gary is a. Voidable b. Void c. Valid d. Rescissible 89. Under a contract, Robert obligated himself to build a house for Rina. In this example, the object or the prestation is a. Mr. Robert b. The house itself c. Ms. Rina d. The construction of the house Page 15 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 90. During a strong thyphoon, Prudence saved the horses of Monalisa, who is currently out of town. Prudence incurred expenses amounting to P50,000. This can be reimbursed because of a. Solutio indebiti b. Negotiorum gestio c. Fortuitous event d. Natural obligation 91. Juan received P800,000 from Tristan because the latter thought that Juan is his creditor Juancho. Juan should return the money because of a. Contract b. Solutio indebiti c. Negotiorum gestio d. Public policy 92. After the strong storm, Yukii did not remove the broken branches of her mango tree. A few days after, a passerby was hit by a branch that fell. Is Yukii liable? a. No, it is a fortuitous event. b. Yes, he is liable for a crime. c. No, it s a mere accident. d. Yes, he is liable for a quasi-delict. 93. Susan sold a pig named Peachy to Betty for P15,000. No condition or period was contemplated. After the perfection of the contract but before the delivery of the pig, Peachy the pig gave birth to 3 piglets. Who is entitled to the 3 piglets? a. Susan b. Betty c. Peachy, because she is the mother of the piglets d. None of the above 94. On December 1, 2021, Solomon agreed to sell a car worth P2,000,000 to Bartolome. The car will be delivered to Bartolome on December 31, 2021. Prior to December 31, 2021, what kind of right does Bartolome possess? a. Personal right b. Real right c. Both a and b d. None of the above 95. Ownership over a property is transferred during the a. Perfection of the contract b. Delivery of the subject matter c. Payment of the price d. All of the above 96. What principle is the basis of the rule that an indeterminate thing cannot be the object of destruction? a. Force majeure b. Negotiorum gestio c. Genus nunquam perit d. Compensatio morae Page 16 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) 97. Sofia agreed to deliver a specific horse on August 30, 2021 to Berta. Today is September 2, 2021 and Sofia has not yet delivered the specific horse. Sofia is now said to be in a. Legal delay b. Ordinary delay c. Both a & b d. None of the above 98. Sevie promised to deliver a wedding dress to Beth for her upcoming wedding on September 30, 2021. Sevie was not able to comply with his obligation on time. There was no demand on the part of Beth. In this scenario, a. Sevie is not in legal delay because there is no demand. b. Sevie is in legal delay because time is of the essence. c. Sevie is in legal delay because the law so provides. d. Sevie is in legal delay because it is stipulated by the parties. 99. A fire destroyed the house of Christian. He is now asking reimbursement from his insurance company. Is the insurance company liable? a. No, because fire is a fortuitous event. b. No, because fire is an act of man and not an act of God. c. Yes, because the nature of the obligation requires the assumption of risk. d. Yes, because they are negligent. 100. It is the money given as part of the purchase price and as proof of the perfection of the contract a. Option money b. Earnest money c. Play money d. Kuts money Page 17 of 18 ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY FINAL PRE – BOARD EXAMINATION (BATCH 41) ANSWER KEYS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 Page 18 of 18 A B D D A C B C B C B C B B C B C D A C 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. C A C D C D A A D A C D D B D D B B C D 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. B A D D B A B C B C D B D B C C B B B D 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. C C B B C B B C D C B A B D C D C B D D 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. C C A A B C B C D B B D B A B C B B C B