mcq 2011 bar taxation[1]

7/28/2019 MCQ 2011 Bar Taxation[1]

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This is Set A of the 2011 Bar Examinations on Taxation Law. There are 75 questions in all. The

answers are bolded.

1. A municipality may levyan annual ad valorem tax on real property such as land, building,machinery, and other improvement only if

A. the real property is within the Metropolitan Manila Area.

B. the real property is located in the municipality.C. the DILG authorizes it to do so.

D. the power is delegated to it by the province.

2. Anne Lapada, a student activist, wants to impugn the validity of a tax on text messages. Aside

from claiming that the law adversely affects her since she sends messages by text, what may she

allege that would strengthen her claim to the right to file a taxpayers suit?

A. That she is entitled to the return of the taxes collected from her in case the court nullifies thetax measure.

B. That tax money is being extracted and spent in violation of the

constitutionally guaranteed right to freedom of communication.

C. That she is filing the case in behalf of a substantial number of taxpayers.D. That text messages are an important part of the lives of the people she represents.

3. There is no taxable income until such income is recognized. Taxable income is recognized

when the

A. taxpayerfails to include the incomein hisincome tax return.B. incomehas been actually received in money or its equivalent.

C. income has been received, either actually or constructively.

D. transaction that is the source of the income is consummated.

4. Keyrand, Inc., a Philippine corporation, sold through the local stock exchange 10,000 PLDT

shares that it bought 2 years ago. Keyrand sold the shares for P2 million and realized a net gainof P200,000.00. How shall it pay tax on the transaction?A. It shall declare a P2 million gross income in its income tax return, deducting its cost of

acquisition as an expense.

B. It shall report the P200,000.00 in its corporate income tax return adjusted by the holdingperiod.

C. It shall pay 5% tax on the first P100,000.00 of the P200,000.00 and 10% tax on the remaining

P100,000.00.

D. It shall pay a tax of one-half of 1% of the P2 million gross sales.


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5. Amaretto, Inc., imported 100 cases of Marula wine from South Africa. The shipment was

assessed duties and value-added taxes of P300,000 which Amaretto, Inc. immediately paid. The

Bureau of Customs did not, however, issue the release papers of the shipment yet since the Foodand Drug Administration (FDA) needed to test the suitability of the wine for human

consumption. Is the Bureau of Customs at fault for refusing to release the shipment just as yet?

A. Yes, because the importation was already terminated as a result of the payment of the taxesdue.

B. Yes, the Bureau of Customs is estopped from holding the release of the shipment after

receiving the payment.C. No, if the amount paid as duties and value-added taxes due on the importation was

insufficient.

D. No, because the Bureau of Customs has not yer issued the legal permit for withdrawal

pending the FDAs findings.

6. Which theory intaxationstates that without taxes, a government would be paralyzed for lack

of power to activate and operate it, resulting in its destruction?

A. Power to destroy theoryB. Lifeblood theoryC. Sumptuary theoryD. Symbiotic doctrine

7. The spouses Helena and Federico wanted to donate a parcel of land to their son Dondon whois getting married in December, 2011. The parcel of land has a zonal valuation of P420,000.00.

What is the most efficient mode of donating the property?

A. The spouses should first donate in 2011 a portion of the property valued at P20,000.00 then

spreadthe P400,000.00 equally for 2012, 2013, 2014 and 2015.B. Spread the donation over a period of 5 years by the spouses donating P100,000.00 each year

from 2011 to 2015.

C. The spouses should each donate a P110,000.00 portion of the value of the property in

2011 then each should donate P100,000.00 in 2012.

D. The spouses should each donate a P100,000.00 portion of the value of the property in 2011,

and another P100,000.00 each in 2012. Then, in 2013, Helena should donate the remainingP20,000.00.

8. Mia, a compensation income earner, filed her income tax return for the taxable year 2007 on

March 30, 2008. On May 20, 2011, Mia received an assessment notice and letter of demandcovering the taxable year 2007 but the postmark on the envelope shows April 10, 2011. Her

return is not a false and fraudulent return. Can Mia raise the defense of prescription?

A. No. The 3 year prescriptive period started to run on April 15, 2008, hence, it has not yet

expired on April 10, 2011.

B. Yes. The 3 year prescriptive period started to run on April 15, 2008, hence, it had already

expired by May 20, 2011.C. No. The prescriptive period started to run on March 30, 2008, hence, the 3 year period expired

on April 10, 2011.

D. Yes. Since the 3-year prescriptive period started to run on March 30, 2008, it already expired

by May 20, 2011.
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9. Double taxation in its general sense means taxing the same subject twice during the same

taxing period. In this sense, double taxationA. violates substantive due process.

B. does not violate substantive due process.

C. violates the right to equal protection.D. does not violate the right to equal protection.

10. The payor ofpassive income subject to final tax is required to withhold the tax from thepayment due the recipient. The withholding of the tax has the effect of

A. a final settlement of the tax liability on the income.

B. a credit from the recipients income taxliability.

C. consummating the transaction resulting in an income.D. a deduction in the recipients income tax return.

11. Guidant Resources Corporation, a corporation registered in Norway, has a 50 MW electric

powerplant in San Jose, Batangas. Aside from Guidants income from its power plant, whichamong the following is considered as part of its income from sources within the Philippines?

A. Gains from the sale to an Ilocos Norte power plant of generators bought from the United

States.

B. Interests earned on its dollar deposits in a Philippine bank under the

Expanded Foreign Currency Deposit System.C. Dividends from a two-year old Norwegian subsidiary with operations in Zambia but derives

60% of its gross income from the Philippines.

D. Royalties from the use in Brazil of generator sets designed in the Philippines by its engineers.

12. Tong Siok, a Chinese billionaire and a Canadian resident, died and left assets in China valued

at P80 billion and in the Philippines assets valued at P20 billion. For Philippine estate tax

purposes the allowable deductions for expenses, losses, indebtedness, and taxes, propertypreviously taxed, transfers for public use, and the share of his surviving spouse in their conjugal

partnership amounted to P15 billion. Tongs gross estate for Philippine estate tax purposes is

A. P20 billion.

B. P5 billion.

C. P100 billion.

D. P85 billion.

13. Anktryd, Inc., bought a parcel of land in 2009 for P7 million as part of its inventory of real

properties. In 2010, it sold the land forP12 million which was its zonal valuation. In the same

year, it incurred a loss of P6 million for selling another parcel of land in its inventory. Thesewere the only transactions it had in its real estate business. Which of the following is the

applicable tax treatment?

A. Anktryd shall be subject to a tax of 6% of P12 million.

B. Anktryd could deduct its P6 million loss from its P5 million gain.

C. Anktryds gain of P5 million shall be subject to the holding period.

D. Anktryds P6 million loss could not be deducted from its P5 million gain.


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14. Aplets Corporation is registered under the laws of the Virgin Islands. It has extensive

operations in Southeast Asia. In the Philippines, Its products are imported and sold at a mark-up

by its exclusive distributor, Kims Trading, Inc. The BIR compiled a record of all the imports ofKim from Aplets and imposed a tax on Aplets net income derived from its exports to Kim. Is the

BIR correct?

A. Yes. Aplets is a non-resident foreign corporation engaged in trade or business in thePhilippines.

B. No. The tax should have been computed on the basis of gross revenues and not net income.

C. No. Aplets is a non-resident foreign corporation not engaged in trade or business in the

Philippines.

D. Yes. Aplets is doing business in the Philippines through its exclusive distributor Kims

Trading. Inc.

15. In 2009, Spratz, Inc.s net profit before tax was P35 million while its operating expenses was

P31 million. In 2010, its net profit before tax was P40 million and its operating expenses was

P38 million. It did not declare dividends for 2009 and 2010. And it has no proposed capital

expenditures for 2011 and the immediate future. May Spratz be subject to the improperlyaccumulated tax on its retained profits for 2009 and 2010?

A. Yes, since the accumulated amounts are reasonable for operations in relation to what itusually needed annually.

B. Yes, since the accumulation is not reasonably necessary for the immediate needs of the

business.

C. No, because there is no showing that the taxpayers 2009 and 2010 net profit before tax

exceeded its paid-up capital.

D. No, because the taxpayer is not shown to be a publicly-listed corporation, a bank, or an

insurance company.

16. The actual effort exerted by the government to effect the exaction of what is due from the

taxpayer is known asA. assessment.

B. levy.

C. payment.

D. collection.

17. Although the power of taxation is basically legislative in character, it is NOT the function of

Congress toA. fix with certainty the amount of taxes.

B. collect the tax levied under the law.

C. identify who should collect the tax.D. determine who should be subject to the tax.


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18. Passive income includes income derived from an activity in which the earner does not have

any substantial participation. This type of income is

A. usually subject to a final tax.

B. exempt from income taxation.

C. taxable only if earned by acitizen.

D. included in the income tax return.

19. In 2010, Juliet Ulbod earned P500,000.00 as income from her beauty parlor and received

P250,000.00 as Christmas gift from her spinster aunt. She had no other receipts for the year.She spent P150,000.00 for the operation of her beauty parlor. For tax purposes, her gross

income for 2010 is

A. P750,000.00.

B. P500,000.00.

C. P350,000.00.

D. P600,000.00.

20. Exempted from donors taxation are gifts madeA. for the use of the barangay.B. in consideration of marriage.C. to a school which is a stock corporation.

D. to a for-profit government corporation.

21. Federico, a Filipino citizen, migrated to the United States some six years ago and got a

permanent resident status or green card. He should pay his Philippine income taxes on

A. the gains derived from the sale in California, U.S.A. of jewelry he purchased in the

Philippines.B. the proceeds he received from a Philippine insurance company as the sole beneficiary of life

insurance taken by his father who died recently.

C. the gains derived from the sale in the New York Stock Exchange of shares of stock in

PLDT, a Philippine corporation.

D. dividends received from a two year old foreign corporation whose gross income was derived

solely from Philippine sources.

22. An example of a tax where the concept of progressivity finds application is the

A. income taxon individuals.

B. excise tax on petroleum products.C. value-added tax on certain articles.

D. amusement tax on boxing exhibitions.

23. A corporation may change its taxable year to calendar or fiscal year in filing its annual

income tax return, provided

A. it seeks prior BIR approval of its proposed change in accounting period.

B. it simultaneously seeks BIR approval of its new accounting period.

C. it should change its accounting period two years prior to changing its taxable year.

D. its constitution and by-laws authorizes the change.


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24. What is the rule on the taxability of income that a government educational institution derives

from its school operations? Such income is

A. subject to 10% tax on its net taxable income as if it is a proprietary educational institution.

B. Exempt from income taxation if it is actually, directly, and exclusively used

for educational purposes.

C. subject to the ordinary income tax rates with respect to incomes derived from educationalactivities.

D. Exempt from income taxation in the same manner as government-owned and controlled

corporations.

25. Which among the following reduces the gross estate (not the net estate) of a citizen of the

Philippines for purposes of estate taxation?

A. Transfers for public useB. Property previously taxed

C. Standard deduction of P1 million

D. Capital of the surviving spouse

26. Ka Pedring Matibag, a sole proprietor, buys and sells kumot at kulambo both of which are

subject to value-added tax. Since he is using the calendar year as his taxable year, his taxablequarters end on the last day of March, June, September, and December. When should Ka Pedring

file the VAT quarterly return for his gross sales or receipts for the period of June 1 to September

30?

A. Within 25 days from September 30

B. Within 45 days from September 30

C. Within 15 days from September 30

D. Within 30 days from September 30

27. In January 2011, the BIR issued a ruling that Clemens vodka imports were not subject to

increased excise tax based on his claim that his net retail price was only P200 per 750 milliliterbottle. This ruling was applied to his imports for May, June, and July 2011. In September 2011,

the BIR revoked its ruling and assessed him for deficiency taxes respecting his May, June and

July 2011 vodka imports because it discovered that his net retail price for the vodka was P250per bottle from January to September 2011. Does the retroactive application of the revocation

violate Clemens right to due process as a taxpayer?

A. Yes, since the presumption is that the BIR ascertained the facts before it made its ruling.

B. No, because he acted in bad faith when he claimed a lower net retail price than what he

actually used.

C. No, since he could avail of remedies available for disputing the assessment.

D. Yes, since he had already acquired a vested right in the favorable BIR ruling.


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28. Don Fortunato, a widower, died in May, 2011. In his will, he left his estate of P100 million

to his four children. He named his compadre, Don Epitacio, to be the administrator of the estate.

When the BIR sent a demand letter to Don Epitacio for the payment of the estate tax, he refusedto pay claiming that he did not benefit from the estate, he not being an heir. Forthwith, he

resigned as administrator. As a result of the resignation, who may be held liable for the payment

of the estate tax?A. Don Epitacio since the tax became due prior to his resignation.

B. The eldest child who would be reimbursed by the others.

C. All the four children, the tax to be divided equally among them.

D. The person designated by the will as the one liable.

29. On July 31, 2011, Esperanza received a preliminary assessment notice from the BIR

demanding that she pays P180,000.00 deficiency income taxes on her 2009 income. How manydays from July 31, 2011 should Esperanza respond to the notice?

A. 180 days.

B. 30 days.

C. 60 days.D. 15 days.30. The BIR could not avail itself of the remedy of levy and distraint to implement, through

collection, an assessment that has become final, executory, and demandable where

A. the subject of the assessment is an income tax.

B. the amount of the tax involved does not exceed P100.00.

C. the corporate taxpayer has no other uncollected tax liability.

D. the taxpayer is an individual compensation income earner.

31. Alain Descartes, a French citizen permanently residing in the Philippines, received several

items during the taxable year. Which among the following is NOT subject to Philippine income

taxation?

A. Consultancy fees received for designing a computer program and installing the same in

the Shanghai facility of a Chinese firm.

B. Interests from his deposits in a local bank of foreign currency earned abroad converted toPhilippine pesos.

C. Dividends received from an American corporation which derived 60% of its annual gross

receipts from Philippine sources for the past 7 years.

D. Gains derived from the sale of his condominium unit located in The Fort, Taguig City toanother resident alien.

32. Income is considered realized for tax purposes whenA. it is recognized as revenue under accounting standards even if the law does not do so.

B. the taxpayer retires from the business without approval from the BIR.

C. the taxpayer has been paid and has received in cash or near cash the taxable income.

D. the earning process is complete or virtually complete and an exchange has taken place.


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33. Which among the following circumstances negates the prima facie presumption of

correctness of a BIR assessment?

A. The BIR assessment was seasonably protested within 30 days from receipt.B. No preliminary assessment notice was issued prior to the assessment notice.

C. Proof that the assessment is utterly without foundation, arbitrary, and capricious.

D. The BIR did not include a formal letter of demand to pay the alleged deficiency.

34. On March 30, 2005 Miguel Foods, Inc. received a notice of assessment and a letter of

demand on its April 15, 2002 final adjustment return from the BIR. Miguel Foods then filed arequest for reinvestigation together with the requisite supporting documents on April 25, 2005.

On June 2, 2005, the BIR issued a final assessment reducing the amount of the tax demanded.

Since Miguel Foods was satisfied with the reduction, it did not do anything anymore. On April

15, 2010 the BIR garnished the corporations bank deposits to answer for the tax liability. Wasthe BIR action proper?

A. Yes. The BIR has 5 years from the filing of the protest within which to collect.

B. Yes. The BIR has 5 years from the issuance of the final assessment within which to

collect.C. No. The taxpayer did not apply for a compromise.

D. No. Without the taxpayers prior authority, the BIR action violated the Bank Deposit SecrecyLaw.

35. Which among the following taxpayers is required to use only the calendar year for taxpurposes?

A. Partnership exclusively for the design of government infrastructure projects considered

as practice of civil engineering.

B. Joint-stock company formed for the purpose of undertaking construction projects.C. Business partnership engaged in energy operations under a service contract with the

government.

D. Joint account (cuentas en participacion) engaged in the trading of mineral ores.

36. Spanflex Intl Inc. received a notice of assessment from the BIR. It seasonably filed a protest

with all the necessary supporting documents but the BIR failed to act on the protest. Thirty daysfrom the lapse of 180 days from the filing of its protest, Spanflex still has not elevated the matter

to the CTA. What remedy, if any, can Spanflex take?

A. It may file a motion to admit appeal if it could prove that its failure to appeal was due to the

negligence of counsel.B. It may no longer appeal since there is no BIR decision from which it could appeal.

C. It may wait for the final decision of the BIR on his protest and appeal it to the CTA

within 30 days from receipt of such decision.

D. None. Its right to appeal to the CTA has prescribed.

37. Gerardo died on July 31, 2011. His estate tax return should be filed withinA. six months from filing of the notice of death.

B. sixty days from the appointment of an administrator.

C. six months from the time he died on July 31, 2011.

D. sixty days from the time he died on July 31, 2011.


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38. Income from dealings in property (real, personal, or mixed) is the gain or loss derived

A. only from the cash sales of property.B. from cash and gratuitous receipts of property.

C. from sale and lease of property.

D. only from the sale of property.

39. In March 2009, Tonette, who is fond of jewelries, bought a diamond ring for P750,000.00, a

bracelet for P250,000.00, a necklace for P500,000.00, and a brooch for P500,000.00. Tonettederives income from the exercise of her profession as a licensed CPA. In October 2009, Tonette

sold her diamond ring, bracelet, and necklace for only P1.25 million incurring a loss of

P250,000.00. She used the P1.25 million to buy a solo diamond ring in November 2009

which she sold for P1.5 million in September 2010. Tonette had no other transaction in jewelryin 2010. Which among the following describes the tax implications arising from the above

transactions?

A. Tonette may deduct his 2009 loss only from her 2009 professional income.

B. Tonette may carry over and deduct her 2009 loss only from her 2010 gain.C. Tonette may carry over and deduct her 2009 loss from her 2010 professional income as well

as from her gain.D. Tonette may not deduct her 2009 loss from both her 2010 professional income and her gain.

40. Anion, Inc. received a notice of assessment and a letter from the BIR demanding the paymentof P3 million pesos in deficiency income taxes for the taxable year 2008. The financial

statements of the company show that it has been suffering financial reverses from the year 2009

up to the present. Its asset position shows that it could pay only P500,000.00 which it offered as

a compromise to the BIR. Which among the following may the BIR require to enable it to enterinto a compromise with Anion, Inc.?

A. Anion must show it has faithfully paid taxes before 2009.

B. Anion must promise to pay its deficiency when financially able.

C. Anion must waive its right to the secrecy of its bank deposits.

D. Anion must immediately deposit the P500,000.00 with the BIR.

41. Real property owned by the national government is exempt from real property taxation

unless the national government

A. transfers it for the use of a local government unit.

B. leases the real property to a business establishment.

C. gratuitously allows its use for educational purposes by a school established for profit.

D. sells the property to a government-owned non-profit corporation.


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42. Dondon and Helena were legally separated. They had six minor children, all qualified to be

claimed as additional exemptions for income tax purposes. The court awarded custody of two of

the children to Dondon and three to Helena, with Dondon directed to provide full financialsupport for them as well. The court awarded the 6th child to Dondons father with Dondon also

providing full financial support. Assuming that only Dondon is gainfully employed while Helena

is not, for how many children could Dondon claim additional exemptions when he files hisincome tax return?

A. Six children.

B. Five children.C. Three children.

D. Two children.

43. Political campaign contributions are NOT deductible from gross incomeA. if they are not reported to the Commission on Elections.

B. if the candidate supported wins the election because of possible corruption.

C. since they do not help earn the income from which they are to be deducted.

D. since such amounts are not considered as income of the candidate to whom given.

44. When a BIR decision affirming an assessment is appealed to the CTA, the BIRs power togarnish the taxpayers bank deposits

A. is suspended to await the finality of such decision.

B. is suspended given that the CTA can reverse BIR decisions when prejudicial to the taxpayer.C. is not suspended because only final decisions of the BIR are subject to appeal.

D. is not suspended since the continued existence of government depends on tax revenues.

45. Real property taxes should not disregard increases in the value of real property occurringover a long period of time. To do otherwise would violate the canon of a sound tax system

referred to as

A. theoretical justice.

B. fiscal adequacy.

C. administrative feasibility.

D. symbiotic relationship.

46. The power to tax is the power to destroy. Is this always so?

A. No. The Executive Branch may decide not to enforce a tax law which it believes to be

confiscatory.B. Yes. The tax collectors should enforce a tax law even if it results to the destruction of the

property rights of a taxpayer.

C. Yes. Tax laws should always be enforced because without taxes the very existence of theState is endangered.

D. No. The Supreme Court may nullify a tax law, hence, property rights are not affected.


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47. Jeopardy assessment is a valid ground to compromise a tax liability

A. involving deficiency income taxes only, but not for other taxes.

B. because of doubt as to the validity of the assessment.

C. if the compromise amount does not exceed 10% of the basic tax.

D. only when there is an approval of the National Evaluation Board.

48. Zygomite Minerals, Inc., a corporation registered and holding office in Australia, not

operating in the Philippines, may be subject to Philippine income taxation on

A. gains it derived from sale in Australia of an ore crusher it bought from the Philippines withthe proceeds converted to pesos.

B. gains it derived from sale in Australia of shares of stock of Philex Mining Corporation,

a Philippine corporation.

C. dividends earned from investment in a foreign corporation that derived 40% of its grossincome from Philippine sources.

D. interests derived from its dollar deposits in a Philippine bank under the Expanded Foreign

Currency Deposit System.

49. As a general rule, within what period must a taxpayer elevate to the Court of Tax Appeals a

denial of his application for refund of income tax overpayment?A. Within 30 days from receipt of the Commissioners denial of his application for refund.

B. Within 30 days from receipt of the denial which must not exceed 2 years from payment

of income tax.

C. Within 2 years from payment of the income taxes sought to be refunded.

D. Within 30 days from receipt of the denial or within two years from payment.

50. After the province has constructed a barangay road, the Sangguniang Panglalawigan mayimpose a special levy upon the lands specifically benefitted by the road up to an amount not to

exceed

A. 60% of the actual cost of the road without giving any portion to the barangay.

B. 100% of the actual project cost without giving any portion to the barangay.

C. 100% of the actual project cost, keeping 60% for the province and giving 40% to the

barangay.D. 60% of the actual cost, dividing the same between the province and the barangay.

51. Celia donated P110,000.00 to her friend Victoria who was getting married. Celia gave no

other gift during the calendar year. What is the donors tax implication on Celias donation?A. The P100,000.00 portion of the donation is exempt since given in consideration of marriage.

B. A P10,000.00 portion of the donation is exempt being a donation in consideration of marriage.

C. Celia shall pay a 30% donors tax on the P110,000.00 donation.

D. The P100,000.00 portion of the donation is exempt under the rate schedule for donors tax.


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52. Levox Corporation wanted to donate P5 million as prize money for the world professional

billiard championship to be held in the Philippines. Since the Billiard Sports Confederation of

the Philippines does not recognize the event, it was held under the auspices of the InternationalProfessional Billiards Association, Inc. Is Levox subject to the donors tax on its donation?

A. No, so long as the donated money goes directly to the winners and not through the

association.B. Yes, since the national sports association for billiards does not sanction the event.C. No, because it is donated as prize for an international competition under the billiards

association.D. Yes, but only that part that exceeds the first P100,000.00 of total Levox donations for the

calendar year.

53. A violation of the tariff and customs laws is the failure toA. pay the customs duties and taxes and to comply with the rules on customs procedures.

B. pay the customs duties and taxes or to comply with the rules on customs procedures.

C. pay the customs duties and taxes.

D. comply with the rules on customs procedures.

54. What is the effect on the tax liability of a taxpayer who does not protest an assessment fordeficiency taxes?

A. The taxpayer may appeal his liability to the CTA since the assessment is a final decision of

the Commissioner on the matter.B. The BIR could already enforce the collection of the taxpayers liability if it could secure

authority from the CTA.

C. The taxpayers liability becomes fixed and subject to collection as the assessment

becomes final and collectible.

D. The taxpayers liability remains suspended for 180 days from the expiration of the period to

protest.

55. A non-stock, non-profit school always had cash flow problems, resulting in failure to recruit

well-trained administrative personnel to effectively manage the school. In 2010, Don Leon

donated P100 million pesos to the school, provided the money shall be used solely for paying thesalaries, wages, and benefits of administrative personnel. The donation represents less than 10%

of Don Leons taxable income for the year. Is he subject to donors taxes?

A. No, since the donation is actually, directly, and exclusively used for educational purposes.

B. Yes, because the donation is to be wholly used for administration purposes.

C. Yes, since he did not obtain the requisite NGO certification before he made the donation.

D. No, because the donation does not exceed 10% of his taxable income for 2010.

56. What is the tax base for the imposition by the province of professional taxes?

A. That which Congress determined.

B. The pertinent provision of the local Government Code.

C. The reasonable classification made by the provincial sanggunian.

D. That which the Dept. of Interior and Local Government determined.


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57. There is prima facie evidence of a false or fraudulent return where the

A. tax return was amended after a notice of assessment was issued.

B. tax return was filed beyond the reglementary period.C. taxpayer changed his address without notifying the BIR.

D. deductions claimed exceed by 30% the actual deductions.

58. The proceeds received under a life insurance endowment contract is NOT considered part of

gross income

A. if it is so stated in the life insurance endowment policy.B. if the price for the endowment policy was not fully paid.

C. where payment is made as a result of the death of the insured.

D. where the beneficiary was not the one who took out the endowment contract.

59. The excess of allowable deductions over gross income of the business in a taxable year is

known as

A. net operating loss.

B. ordinary loss.C. net deductible loss.

D. NOLCO.

60. No action shall be taken by the BIR on the taxpayers disputed issues until the taxpayer has

paid the deficiency taxesA. when the assessment was issued against a false and fraudulent return.

B. if there was a failure to pay the deficiency tax within 60 days from BIR demand.

C. if the Regional Trial Court issues a writ of preliminary injunction to enjoin the BIR.

D. attributable to the undisputed issues in the assessment notice.

61. Is an article previously exported from the Philippines subject to the payment of customs

duties?A. Yes, because all articles that are imported from any foreign country are subject to duty.

B. No, because there is no basis for imposing duties on articles previously exported from the

Philippines.C. Yes, because exemptions are strictly construed against the importer who is the taxpayer.

D. No, if it is covered by a certificate of identification and has not been improved in value.


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62. Prior to the enactment of the Local Government Code, consumers cooperatives registered

under the Cooperative Development Act enjoyed exemption from all taxes imposed by a local

government. With the Local Government Codes withdrawal of exemptions, could thesecooperatives continue to enjoy such exemption?

A. Yes, because the Local Government Code, a general law, could not amend a special law such

as the Cooperative Development Act.B. No, Congress has not by the majority vote of all its members granted exemption to

consumers cooperatives.

C. No, the exemption has been withdrawn to level the playing field for all taxpayers and preservethe LGUs financial position.

D. Yes, their exemption is specifically mentioned among those not withdrawn by the Local

Government Code.

63. Under the Tariff and Customs Code, abandoned imported articles becomes the property of

the

A. government whatever be the circumstances.

B. insurance company that covered the shipment.C. shipping company in case the freight was not paid.

D. bank if the shipment is covered by a letter of credit.

64. Ka Tato owns a parcel of land in San Jose, Batangas declared for real property taxation, as

agricultural. In 1990, he used the land for a poultry feed processing plant but continued todeclare the property as agricultural. In March 2011, the local tax assessor discovered Ka Tatos

change of use of his land and informed the local treasurer who demanded payment of deficiency

real property taxes from 1990 to 2011. Has the action prescribed?

A. No, the deficiency taxes may be collected within five years from when they fell due.

B. No. The deficiency taxes for the period 1990 up to 2011 may still be collected within 10

years from March 2011.

C. Yes. More than 10 years had lapsed for the period 1990 up to 2000, hence the right to collectthe deficiency taxes has prescribed.

D. Yes. More than 5 years had lapsed for the collection of the deficiency taxes for the period

1990 up to 2005.

65. Pierre de Savigny, a Frenchman, arrived in the Philippines on January 1, 2010 and continued

to live and engage in business in the Philippines. He went on a tour of Southeast Asia from

August 1 to November 5, 2010. He returned to the Philippines on November 6, 2010 and stayeduntil April 15, 2011 when he returned to France. He earned during his stay in the Philippines a

gross income of P3 million from his investments in the country. For the year 2010, Pierres

taxable status is that ofA. a non-resident alien not engaged in trade or business in the Philippines.

B. a non-resident alien engaged in trade or business in the Philippines.

C. a resident alien not engaged in trade or business in the Philippines.D. a resident alien engaged in trade or business in the Philippines.


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66. Lualhati Educational Foundation, Inc., a stock educational institution organized for profit,

decided to lease for commercial use a 1,500 sq. m. portion of its school. The school actually,

directly, and exclusively used the rents for the maintenance of its school buildings, includingpayment of janitorial services. Is the leased portion subject to real property tax?

A. Yes, since Lualhati is a stock and for profit educational institution.

B. No, since the school actually, directly, and exclusively used the rents for educationalpurposes.

C. No, but it may be subject to income taxation on the rents it receives.

D. Yes, since the leased portion is not actually, directly, and exclusively used

for educational purposes.

67. Apparently the law does not provide for the refund of real property taxes that have been

collected as a result of an erroneous or illegal assessment by the provincial or city assessor.What should be done in such instance to avoid an injustice?

A. Question the legality of the no-refund rule before the Supreme Court.

B. Enact a new ordinance amending the erroneous or illegal assessment to correct the error.

C. Subsequent adjustment in tax computation and the application of the excess payment tofuture real property tax liabilities.

D. Pass a new ordinance providing for the refund of real property taxes that have beenerroneously or illegally collected.

68. What should the BIR do when the prescriptive period for the assessment of a tax deficiencyis about to prescribe but the taxpayer has not yet complied with the BIR requirements for the

production of books of accounts and other records to substantiate the claimed deductions,

exemptions or credits?

A. Call the taxpayer to a conference to explain the delay.B. Immediately conduct an investigation of the taxpayers activities.

C. Issue a jeopardy assessment coupled with a letter of demand.

D. Issue a notice of constructive distraint to protect government interest.

69. Money collected from taxation shall not be paid to any religious dignitary EXCEPT when

A. the religious dignitary is assigned to the Philippine Army.

B. it is paid by a local government unit.

C. the payment is passed in audit by the COA.

D. it is part of a lawmakers pork barrel.

70. Discriminatory duties may NOT be imposed upon articles

A. wholly manufactured in the discriminating country but carried by vessels of another country.

B. not manufactured in the discriminating country but carried by vessels of such country.C. partly manufactured in the discriminating country but carried by vessels of another country.

D. not manufactured in the discriminating country and carried by vessels of another

country.

71. The taxpayer seasonably filed his protest together with all the supporting documents. It is

already July 31, 2011, or 180 days from submission of the protest but the BIR Commissioner has


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not yet decided his protest. Desirous of an early resolution of his protested assessment, the

taxpayer should file his appeal to the Court of Tax Appeals not later than

A. August 31, 2011.

B. August 30, 2011.

C. August 15, 2011.

D. August 1, 2011.

72. Which of the following are NOT usually imposed when there is a tax amnesty?

A. Civil, criminal, and administrative penalties

B. Civil and criminal penalties

C. Civil and administrative penalties

D. Criminal and administrative penalties

73. Which among the following concepts of taxation is the basis for the situs of income taxation?

A. Lifeblood doctrine of taxation

B. Symbiotic relation in taxation

C. Compensatory purpose of taxationD. Sumptuary purpose of taxation

74. In Operation Kandado, the BIR temporarily closed business establishments, including New

Dynasty Corporation that failed to comply with VAT regulations. New Dynasty contends that it

should not be temporarily closed since it has a valid and existing VAT registration, it faithfullyissued VAT receipts, and filed the proper VAT returns. The contention may be rejected if the

BIR investigation reveals that

A. the taxpayer has not been regularly filing its income tax returns for the past 4 years.

B. the taxpayer deliberately filed a false and fraudulent return with deliberate intention to evadetaxes.

C. the taxpayer used falsified documents to support its application for refund of taxes.

D. there was an understatement of taxable sales or receipts by 30% or more for the taxable

quarter.

75. The head priest of the religious sect Tres Personas Solo Dios, as the corporation sole, rentedout a 5,000 sq. m. lot registered in its name for use as school site of a school organized for

profit. The sect used the rentals for the support and upkeep of its priests. The rented lot is

A. not exempt from real property taxes because the user is organized for profit.

B. exempt from real property taxes since it is actually, directly, and exclusively used for religiouspurposes.

C. not exempt from real property taxes since it is the rents, not the land, that is used for religious

purposes.

D. exempt from real property taxes since it is actually, directly, and exclusively used for

educational purposes.


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This is Set A of the 2011 Bar Exams on Commercial Law. There are 100 questions in all. The

answers are bolded.

1. P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in Tarlac, the bus

driver, the conductor, and the passengers disembarked for lunch. P decided, however, to remainin the bus, the door of which was not locked. At this point, V, a vendor, sneaked into the bus and

offered P some refreshments. When P rudely declined, V attacked him, resulting in P suffering

from bruises and contusions. Does he have cause to sue Sentinel Liner?

A.Yes, since the carriers crew did nothing to protect a passenger who remained in the bus

during the stop-over.

B. No, since the carriers crew could not have foreseen the attack.

C. Yes, since the bus is liable for anything that goes wrong in the course of a trip.D. No, since the attack on P took place when the bus was at a stop-over.

2. A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a storm and lost all

its cargo amounting to Php50 Million. The ship itself suffered damages estimated at Php80Million. The cargo owners filed a suit against X Shipping but it invoked the doctrine of limited

liability since its vessel suffered an Php80 Million damage, more than the collective value of alllost cargo. Is X Shipping correct?

A. Yes, since under that doctrine, the value of the lost cargo and the damage to the ship can be

set-off.B. No, since each cargo owner has a separate and individual claim for damages.

C. Yes, since the extent of the ships damage was greater than that of the value of the lost cargo.

D. No, since X Shipping neither incurred a total loss nor abandoned its ship.

3. A writes a promissory note in favor of his creditor, B. It says: Subject to my option, I promise

to pay B Php1 Million or his order or give Php1 Million worth of cement or to authorize him to

sell my house worth Php1 Million. Signed, A. Is the note negotiable?

A. No, because the exercise of the option to pay lies with A, the maker and debtor.

B. No, because it authorizes the sale of collateral securities in case the note is not paid at

maturity.C. Yes, because the note is really payable to B or his order, the other provisions being merely

optional.

D. Yes, because an election to require something to be done in lieu of payment of money does

not affect negotiability.

4. ABC Corp. increased its capital stocks from Php10 Million to Php15 Million and, in the

process, issued 1,000 new shares divided into Common Shares B and Common Shares C. T,a stockholder owning 500 shares, insists on buying the newly issued shares through a right of

pre-emption. The company claims, however, that its By-laws deny T any right of pre-emption. Is

the corporation correct?

A.No,since the By-Laws cannot deny a shareholder his right of pre-emption.

B. Yes, but the denial of his pre-emptive right extends only to 500 shares.

C. Yes, since the denial of the right under the By-laws is binding on T.

D. No, since pre-emptive rights are governed by the articles of incorporation.


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5. M makes a promissory note that states: I, M, promise to pay Php5,000.00 to B or bearer.

Signed, M. M negotiated the note by delivery to B, B to N, and N to O. B had known that Mwas bankrupt when M issued the note. Who would be liable to O?

A. M and N since they may be assumed to know of Ms bankruptcy

B. N, being Os immediate negotiator of a bearer noteC. B, M, and N, being indorsers by delivery of a bearer note

D. B, having known of Ms bankruptcy

6. S delivered 10 boxes of cellphones to Trek Bus Liner, fortransport from Manila to Ilocos Sur

on the following day, for which S paid the freightage. Meanwhile, the boxes were stored in the

bus liners bodega. That night, however, a robber broke into the bodega and stole Ss boxes. S

sues Trek Bus Liner for contractual breach but the latter argues that S has no cause ofaction based on such breach since the loss occurred while the goods awaited transport. Who is

correct?

A. The bus liner since the goods were not lost while being transported.

B. S since the goods were unconditionally placed with T for transportation.C. S since the freightage for the goods had been paid.

D. The bus liner since the loss was due to a fortuitous event.

7. X Corp. operates a call center that received orders for pizzas on behalf of Y Corp. which

operates a chain of pizza restaurants. The two companies have the same set of corporate officers.After 2 years, X Corp. dismissed its call agents for no apparent reason. The agents filed a

collective suit for illegal dismissal against both X Corp. and Y Corp. based on the doctrine of

piercing the veil of corporate fiction. The latter set up the defense that the agents are in the

employ of X Corp. which is a separate juridical entity. Is this defense appropriate?A. No, since the doctrine would apply, the two companies having the same set of corporate

officers.

B. No, the real employer is Y Corp., the pizza company, with X Corp. serving as an arm forreceiving its outside orders for pizzas.

C. Yes, it is not shown that one company completely dominates the finances, policies, and

business practices of the other.

D. Yes, since the two companies perform two distinct businesses.

8. A negotiable instrument can be indorsed by way of a restrictive indorsement, which prohibits

further negotiation and constitutes the indorsee as agent of the indorser. As agent, the indorseehas the right, among others, to

A. demand payment of the instrument only.

B. notify the drawer of the payment of the instrument.

C. receive payment of the instrument.

D. instruct that payment be made to the drawee.


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9. Under the Negotiable Instruments Law, a signature by procuration operates as a notice that

the agent has but a limited authority to sign. Thus, a person who takes a bill that is drawn,

accepted, or indorsed by procuration is duty-bound to inquire into the extent of the agentsauthority by:

A. examining the agents special power of attorney.

B. examining the bill to determine the extent of such authority.C. asking the agent about the extent of such authority.

D. asking the principal about the extent of such authority.

10. Under the Negotiable Instruments Law, if the holder has a lien on the instrument which arises

either from a contract or by implication of law, he would be a holder for value to the extent of

A. his successors interest.

B. his predecessors interest.

C. the lien in his favor.

D. the amount indicated on the instruments face.

11. The liability of a common carrier for the goods it transports begins from the time ofA. conditional receipt.

B. constructive receipt.C. actual receipt.

D. either actual or constructive receipt.

12. On Xs failure to pay his loan to ABC Bank, the latter foreclosed the Real Estate Mortgage

he executed in its favor. The auction sale was set for Dec. 1, 2010 with the notices of sale

published as the law required. The sale was, however, cancelled when Dec. 1, 2010 was declared

a holiday and re-scheduled to Jan. 10, 2011 without republication of notice. The auction sale thenproceeded on the new date. Under the circumstances, the auction sale is

A. rescissible.

B. unenforceable.

C. void.

D. voidable.

13. X executed a promissory note with a face value of Php50,000.00, payable to the order of Y.

Y indorsed the note to Z, to whom Y owed Php30,000.00. If X has no defense at all against Y,

for how much may Z collect from X?

A. Php20,000.00, as he is a holder for value to the extent of the difference between Ys debt andthe value of the note.

B. Php30,000.00, as he is a holder for value to the extent of his lien.

C. Php50,000.00, but with the obligation to hold Php20,000.00 for Ys benefit.

D. None, as Zs remedy is to run after his debtor, Y.


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14. Under the Anti-Money Laundering Law, a covered institution is required to maintain a

system of verifying the true identity of their clients as well as persons purporting to act on behalf

ofA. those doing business with such clients.

B. unknown principals.

C. the covered institution.D. such clients.

15. It is settled that neither par value nor book value is an accurate indicator of the fair value of ashare of stock of a corporation. As to unpaid subscriptions to its shares of stock, as they are

regarded as corporate assets, they should be included in the

A. capital value.

B. book value.

C. par value.

D. market value.

16. P sold to M 10 grams of shabu worth Php5,000.00. As he had no money at the time of thesale, M wrote a promissory note promising to pay P or his order Php5,000. P then indorsed the

note to X (who did not know about the shabu), and X to Y. Unable to collect from P, Y then suedX on the note. X set up the defense of illegality of consideration. Is he correct?

A. No, since X, being a subsequent indorser, warrants that the note is valid and subsisting.

B. No, since X, a general indorser, warrants that the note is valid and subsisting.

C. Yes, since a void contract does not give rise to any right.

D. Yes, since the note was born of an illegal consideration which is a real defense.

17. In a contract of carriage, the common carrier is liable for the injury or death of a passengerresulting from its employees fault although the latter acted beyond the scope of his authority.

This is based on the

A. rule that the carrier has an implied duty to transport the passenger safely.

B. rule that the carrier has an express duty to transport the passenger safely

C. Doctrine of Respondeat Superior.

D. rule in culpa aquiliana.

18. A holder in due course holds the instrument free from any defect of title of prior parties and

free from defenses available to prior parties among themselves. An example of such a defense is

-

A. fraud in inducement.

B. duress amounting to forgery.

C. fraud in esse contractus.D. alteration.


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19. 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.

20. The rule is that the valuation of the shares of a stockholder who exercises his appraisal rightsis determined as of the day prior to the date on which the vote was taken. This is true -

A. regardless of any depreciation or appreciation in the shares fair value.

B. regardless of any appreciation in the shares fair value.

C. regardless of any depreciation in the shares fair value.D. only if there is no appreciation or depreciation in the shares fair value.

21. T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance policies stated

that the insurer shall answer for all damages due to perils of the sea. One of the insureds ship,the MV Dona Priscilla, ran aground in the Panama Canal when its engine pipes leaked and the

oil seeped into the cargo compartment. The leakage was caused by the extensive mileage that theship had accumulated. May the insurer be made to answer for the damage to the cargo and the

ship?

A. Yes, because the insurance policy covered any or all damage arising from perils of the sea.B. Yes, since there appears to have been no fault on the part of the shipowner and shipcaptain.

C. No, since the proximate cause of the damage was the breach of warranty of seaworthiness of

the ship.

D. No, since the proximate cause of the damage was due to ordinary usage of the ship, and

thus not due to a peril of the sea.

22. X has been a long-time household helper of Z. Xs husband, Y, has also been Zs long-timedriver. May Z insure the lives of both X and Y with Z as beneficiary?

A. Yes, since X and Y render services to Z.

B. No, since X and Y have no pecuniary interest on the life of Z arising from their employmentwith him.

C. No, since Z has no pecuniary interest in the lives of X and Y arising from

their employment with him.

D. Yes, since X and Y are Zs employees.

23. X, Co., a partnership, is composed of A (capitalist partner), B (capitalist partner) and C

(industrial partner). If you were partner A, who between B and C would you have an insurableinterest on, such that you may then insure him?

A. No one, as there is merely a partnership contract among A, B and C.

B. Both B and C, as they are your partners.

C. Only C, as he is an industrial partner.

D. Only B, as he is a capitalist partner.


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24. X is the holder of an instrument payable to him (X) or his order, with Y as maker. X then

indorsed it as follows: Subject to no recourse, pay to Z. Signed, X. When Z went to collect

from Y, it turned out that Ys signature was forged. Z now sues X for collection. Will itprosper?

A. Yes, because X, as a conditional indorser, warrants that the note is genuine.

B. Yes, because X, as a qualified indorser, warrants that the note is genuine.C. No, because X made a qualified indorsement.

D. No, because a qualified indorsement does not include the warranty of genuineness.

25. A bill of exchange has T for its drawee, U as drawer, and F as holder. When F went to T for

presentment, F learned that T is only 15 years old. F wants to recover from U but the latter insists

that a notice of dishonor must first be made, the instrument being a bill of exchange. Is he

correct?A. Yes, since a notice of dishonor is essential to charging the drawer.

B. No, since T can waive the requirement of notice of dishonor.

C. No, since F can treat U as maker due to the minority of T, the drawee.

D. Yes, since in a bill of exchange, notice of dishonor is at all times required.

26. An insured, who gains knowledge of a material fact already after the effectivity of theinsurance policy, is not obliged to divulge it. The reason for this is that the test of concealment of

material fact is determined

A. at the time of the issuance of the policy.B. at any time before the payment of premium.

C. at the time of the payment of the premium.

D. at any time before the policy becomes effective.

27. T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an Intensity 8

earthquake along the path of his ship. On waking up, he immediately ordered the ship to return

to port. True enough, the earthquake and tsunami struck three days later and his ship was saved.Was the deviation proper?

A. Yes, because the deviation was made in good faith and on a reasonable ground for believing

that it was necessary to avoid a peril.

B. No, because no reasonable ground for avoiding a peril existed at the time of the

deviation.

C. No, because T relied merely on his supposed gift of prophecy.

D. Yes, because the deviation took place based on a reasonable belief of the captain.

28. X, drawee of a bill of exchange, wrote the words: Accepted, with promise to make payment

within two days. Signed, X. The drawer questioned the acceptance as invalid. Is the acceptancevalid?

A. Yes, because the acceptance is in reality a clear assent to the order of the drawer to pay.

B. Yes, because the form of the acceptance is really immaterial.C. No, because the acceptance must be a clear assent to the order of the drawer to pay.

D. No, because the document must not express that the drawee will perform his promise within

two days.


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29. X came up with a new way of presenting a telephone directory in a mobile phone, which he

dubbed as the iTel and which uses lesser time for locating names and telephone numbers. May

X have his iTel copyrighted in his name?

A. No, because it is a mere system or method.

B. Yes, because it is an original creation.

C. Yes, because it entailed the application of Xs intellect.D. No, because it did not entail any application of Xs intellect.

30. D, debtor of C, wrote a promissory note payable to the order of C. Cs brother, M,

misrepresenting himself as Cs agent, obtained the note from D, then negotiated it to N after

forging Cs signature. N indorsed it to E, who indorsed it to F, a holder in due course. May F

recover from E?A. No, since the forgery of Cs signature results in the discharge of E.

B. Yes, since only the forged signature is inoperative and E is bound as indorser.

C. No, since the signature of C, the payee, was forged.

D. Yes, since the signature of C is immaterial, he being the payee.

31. A material alteration of an instrument without the assent of all parties liable thereon results inits avoidance, EXCEPT against a

A. prior indorsee.

B. subsequent acceptor.

C. subsequent indorser.

D. prior acceptor.

32. X constituted a chattel mortgage on a car (valued at Php1 Million pesos) to secure aP500,000.00 loan. For the mortgage to be valid, X should have

A. the right to mortgage the car to the extent of half its value.

B. ownership of the car.

C. unqualified free disposal of his car.

D. registered the car in his name.

33. B borrowed Php1 million from L and offered to him his BMW car worth Php1 Million as

collateral. B then executed a promissory note that reads: I, B, promise to pay L or bearer the

amount of Php1 Million and to keep my BMW car (loan collateral) free from any other

encumbrance. Signed, B. Is this note negotiable?A. Yes, since it is payable to bearer.

B. Yes, since it contains an unconditional promise to pay a sum certain in money.

C. No, since the promise to just pay a sum of money is unclear.

D. No, since it contains a promise to do an act in addition to the payment of money.


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34. A bank can be placed under receivership when, if allowed to continue in business, its

depositors or creditors would incur

A. probable losses

B. inevitable losses

C. possible losses

D. a slight chance of losses35. EFG Foundation, Inc., a non-profit organization, scheduled an election for its six-member

Board of Trustees. X, Y and Z, who are minority members of the foundation, wish to exercise

cumulative voting in order to protect their interest, although the Foundations Articles and By-laws are silent on the matter. As to each of the three, what is the maximum number of votes that

he/she can cast?

A.6

B. 9C. 12

D. 3

36. If the drawer and the drawee are the same person, the holder may present the instrument for

payment without need of a previous presentment for acceptance. In such a case, the holder treatsit as a

A. non-negotiable instrument.

B. promissory note.

C. letter of credit.

D. check.

37. D draws a bill of exchange that states: One month from date, pay to B or his order

Php100,000.00. Signed, D. The drawee named in the bill is E. B negotiated the bill to M, M to

N, N to O, and O to P. Due to non-acceptance and after proceedings for dishonor were made, Pasked O to pay, which O did. From whom may O recover?

A. B, being the payee

B. N, as indorser to OC. E, being the drawee

D. D, being the drawer

38. T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter disputing a

columnists claim about an incident in the attorneys family. T used the law firms letterhead and

its computer in preparing the letter. T also requested the firms messenger to deliver the letter to

the publisher. Who owns the copyright to the letter?

A.T, since he is the original creator of the contents of the letter.

B. Both T and the publisher, one wrote the letter to the other who has possession of it.

C. The law office since T was an employee and he wrote it on the firms letterhead.D. The publisher to whom the letter was sent.

39. E received goods from T for display and sale in Es store. E was to turn over to T theproceeds of any sale and return the ones unsold. To document their agreement, E executed a trust

receipt in Ts favor covering the goods. When E failed to turn over the proceeds from his sale of

the goods or return the ones unsold despite demand, he was charged in court for estafa. E moved

to dismiss on the ground that his liability is only civil. Is he correct?


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A. No, since he committed fraud when he promised to pay for the goods and did not.

B. No, since his breach of the trust receipt agreement subjects him to both civil and

criminal liability for estafa.

C. Yes, since E cannot be charged with estafa over goods covered a trust receipt.

D. Yes, since it was merely a consignment sale and the buyer could not pay.

40. The authorized alteration of a warehouse receipt which does not change its tenor renders the

warehouseman liable according to the terms of the receipt

A. in its original tenor if the alteration is material.

B. in its original tenor.

C. as altered if there is fraud.

D. as altered.

41. Any agreement binding upon the holder to extend the time of payment or to postpone the

holders right to enforce the instrument results in the discharge of the party secondarily liable

unless made with the latters consent. This agreement refers to one which the holder made with

theA. principal debtor.B. principal creditor.C. secondary creditor.

D. secondary debtor.

42. Upon execution of a trust receipt over goods, the party who is obliged to release such goods

and who retains security interest on those goods, is called the

A. holder.

B. shipper.C. entrustee.

D. entrustor.

43. X, warehouseman, sent a text message to Y, to whom X had issued a warehouse receipt for

Ys 500 sacks of corn, notifying him of the due date and time to settle the storage fees. The

message stated also that if Y does not settle the warehouse charges within 10 days, he willadvertise the goods for sale at a public auction. When Y ignored the demand, X sold 100 sacks

of corn at a public auction. For Xs failure to comply with the statutory requirement of written

notice to satisfy his lien, the sale of the 100 sacks of corn is

A. voidable.B. rescissible.

C. unenforceable.

D. void.

44. On June 1, 2011, X mailed to Y Insurance, Co. his application for life insurance, with

payment for 5 years of premium enclosed in it. On July 21, 2011, the insurance companyaccepted the application and mailed, on the same day, its acceptance plus the cover note. It

reached Xs residence on August 11, 2011. But, as it happened, on August 4, 2011, X figured in

a car accident. He died a day later. May Xs heirs recover on the insurance policy?


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A. Yes, since under the Cognition Theory, the insurance contract was perfected upon acceptance

by the insurer of Xs application.

B. No, since there is no privity of contract between the insurer and Xs heirs.

C. No, since X had no knowledge of the insurers acceptance of his application before he

died.

D. Yes, since under the Manifestation Theory, the insurance contract was perfected uponacceptance of the insurer of Xs application.

45. A bill of exchange has D as drawer, E as drawee and F as payee. The bill was then indorsedto G, G to H, and H to I. I, the current holder presented the bill to E for acceptance. E accepted

but, as it later turned out, D is a fictitious person. Is E freed from liability?

A. No, since by accepting, E admits the existence of the drawer.

B. No, since by accepting, E warrants that he is solvent.C. Yes, if E was not aware of that fact at the time of acceptance.

D. Yes, since a bill of exchange with a fictitious drawer is void and inexistent.

46. Due to his debt to C, D wrote a promissory note which is payable to the order of C. Csbrother, M, misrepresenting himself as agent of C, obtained the note from D. M then negotiated

the note to N after forging the signature of C. May N enforce the note against D?A. Yes, since D is the principal debtor.

B. No, since the signature of C was forged.

C. No, since it is C who can enforce it, the note being payable to the order of C.D. Yes, since D, as maker, is primarily liable on the note.

47. T Corp. has a corporate term of 20 years under its Articles of Incorporation or from June 1,

1980 to June 1, 2000. On June 1, 1991 it amended its Articles of Incorporation to extend its lifeby 15 years from June 1, 1980 to June 1, 2015. The SEC approved this amendment. On June 1,

2011, however, T Corp decided to shorten its term by 1 year or until June 1, 2014. Both the

1991 and 2011 amendments were approved by majority vote of its Board of Directors andratified in a special meeting by its stockholders representing at least 2/3 of its outstanding capital

stock. The SEC, however, disapproved the 2011 amendment on the ground that it cannot be

made earlier than 5 years prior to the expiration date of the corporate term, which is June 1,2014. Is this SEC disapproval correct?

A. No, since the 5-year rule on amendment of corporate term applies only to extension, not

to shortening, of term.

B. Yes, any amendment affecting corporate term cannot be made earlier than 5 years prior to thecorporations expiration date.

C. No, since a corporation can in fact have a corporate life of 50 years.

D. Yes, the amendment to shorten corporate term cannot be made earlier than 5 years prior to thecorporations expiration date.

48. B, while drunk, accepted a passenger in his taxicab. B then drove the taxi recklessly, andinevitably, it crashed into an electric post, resulting in serious physical injuries to the passengers.

The latter then filed a suit for tort against Bs operator, A, but A raised the defense of having

exercised extraordinary diligence in the safety of the passenger. Is his defense tenable?

A. Yes, as a common carrier can rebut the presumption of negligence by raising such a defense.


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B. No, as in tort actions, the proper defense is due diligence in the selection and supervision

of the employee by the employer.

C. No, as B, the common carriers employee, was obviously negligent due to his intoxication.D. Yes, as a common carrier can invoke extraordinary diligence in the safety of passengers in

tort cases.

49. X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010. On April 11,

2010, X resigned and was replaced by R, who assumed as director on May 17, 2010. On Nov.

21, 2010, R died. S was then elected in his place. Until which time should S serve as director?A. April 11, 2011.

B. Feb. 1, 2011.

C. May 17, 2011.

D. Nov. 21, 2011.

50. M, the maker, issued a promissory note to P, the payee which states: I, M, promise to pay P

or order the amount of Php1 Million. Signed, M. P negotiated the note by indorsement to N,

then N to O also by indorsement, and O to Q, again by indorsement. But before O indorsed thenote to Q, Os wife wrote the figure 2 on the note after Php1 without Os knowledge,

making it appear that the note is for Php12 Million. For how much is O liable to Q?A. Php1 Million since it is the original tenor of the note.

B. Php1 Million since he warrants that the note is genuine and in all respects what it purports to

be.C. Php12 Million since he warrants his solvency and that he has a good title to the note.

D. Php12 Million since he warrants that the note is genuine and in all respects what it

purports to be.

51. X Corp., whose business purpose is to manufacture and sell vehicles, invested its funds in Y

Corp., an investment firm, through a resolution of its Board of Directors. The investment grew

tremendously on account of Y Corp.s excellent business judgment. But a minority stockholderin X Corp. assails the investment as ultra vires. Is he right and, if so, what is the status of the

investment?

A. Yes, it is an ultra vires act of the corporation itself but voidable only, subject to stockholdersratification.

B. Yes, it is an ultra vires act of its Board of Directors and thus void.

C. Yes, it is an ultra vires act of its Board of Directors but voidable only, subject

to stockholders ratification.

D. Yes, it is an ultra vires act of the corporation itself and, consequently, void.

52. Notice of dishonor is not required to be made in all cases. One instance where such notice isnot necessary is when the indorser is the one to whom the instrument is suppose to be presented

for payment. The rationale here is that the indorser

A. already knows of the dishonor and it makes no sense to notify him of it.

B. is bound to make the acceptance in all cases.

C. has no reason to expect the dishonor of the instrument.

D. must be made to account for all his actions.


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53. Eagleson Refillers, Co., a firm that sells water to the public, opposes the trade name

application of Eagleson Laundry, Co., on the ground that such trade name tends to deceive

trade circles or confuse the public with respect to the water firms registered trade name. Will theopposition prosper?

A. Yes, since such use is likely to deceive or confuse the public.

B. Yes, since both companies use water in conducting their business.C. No, since the companies are not engaged in the same line of business.D. No, since the root word Eagle is a generic name not subject to registration.

54. For a constructive total loss to exist in marine insurance, it is required that the person insured

relinquish his interest in the thing insured. This relinquishment must be

A. actual.

B. constructive first and if it fails, then actual.C. either actual or constructive.

D. constructive.

55. The Corporation Code sanctions a contract between two or more corporations which haveinterlocking 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 eithersubstantial 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.

56. X, an amateur astronomer, stumbled upon what appeared to be a massive volcanic eruptionin Jupiter while peering at the planet through his telescope. The following week, X, without

notes, presented a lecture on his findings before the Association of Astronomers of the

Philippines. To his dismay, he later read an article in a science journal written by Y, aprofessional astronomer, repeating exactly what X discovered without any attribution to him.

Has Y infringed on Xs copyright, if any?

A. No, since X did not reduce his lecture in writing or other material form.B. Yes, since the lecture is considered Xs original work.

C. No, since no protection extends to any discovery, even if expressed, explained,

illustrated, or embodied in a work.

D. Yes, since Ys article failed to make any attribution to X.

57. In case of disagreement between the corporation and a withdrawing stockholder who

exercises his appraisal right regarding the fair value of his shares, a three-member group shall bymajority vote resolve the issue with finality. May the wife of the withdrawing stockholder be

named to the three- member group?

A. No, the wife of the withdrawing shareholder is not a disinterested person.

B. Yes, since she could best protect her husbands shareholdings.

C. Yes, since the rules do not discriminate against wives.

D. No, since the stockholder himself should sit in the three-member group.


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58. Apart from economic rights, the author of a copyright also has moral rights which he may

transfer by way of assignment. The term of these moral rights shall last

A. during the authors lifetime and for 50 years after his death.

B. forever.

C. 50 years from the time the author created his work.

D. during the authors lifetime.

59. Which of the following indorsers expressly warrants in negotiating an instrument that 1) it

is genuine and true; 2) he has a good title to it; 3) all prior parties have capacity to negotiate; and4) it is valid and subsisting at the time of his indorsement?

A. The irregular indorser.

B. The regular indorser.

C. The general indorser.

D. The qualified indorser.

60. Where the insurer was made to pay the insured for a loss covered by the insurance

contract, such insurer can run after the third person who caused the loss through subrogation.What is the basis for conferring the right of subrogation to the insurer?

A. Their express stipulation in the contract of insurance.

B. The equitable assignment that results from the insurers payment of the insured.

C. The insureds formal assignment of his right to indemnification to the insurer.

D. The insureds endorsement of its claim to the insurer.

61. X invented a device which, through the use of noise, can recharge a cellphone battery. He

applied for and was granted a patent on his device, effective within the Philippines. As it turns

out, a year before the grant of Xs patent, Y, also an inventor, invented a similar device which heused in his cellphone business in Manila. But X files an injunctive suit against Y to stop him

from using the device on the ground of patent infringement. Will the suit prosper?

A. No, since the correct remedy for X is a civil action for damages.

B. No, since Y is a prior user in good faith.

C. Yes, since X is the first to register his device for patent registration.

D. Yes, since Y unwittingly used Xs patented invention.

62. P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit (MRT) bought

two tokens or tickets, one for her ride to work and another for her ride home. She got to her

flower shop where she usually worked from 8 a.m. to 5 p.m. At about 3 p.m., while P wasattending to her duties at the flower shop, two crews of the MRT got into a fight near the flower

shop, causing injuries to P in the process. Can P sue the MRT for contractual breach as she was

within the MRT premises where she would shortly take her ride home?A. No, since the incident took place, not in an MRT train coach, but at the MRT station.

B. No, since P had no intention to board an MRT train coach when the incident occured.

C. Yes, since she already had a ticket for her ride home and was in the MRTs premises at thetime of the incident.

D. Yes, since she bought a round trip ticket and MRT had a duty while she was at its station to

keep her safe for her return trip.


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63. Forgery of bills of exchange may be subdivided into, a) forgery of an indorsement on the

bill and b) forgery of the drawers signature, which may either be with acceptance by the drawee,

orA. with acceptance but the bill is paid by the drawee.

B. without acceptance but the bill is paid by the drawer.

C. without acceptance but the bill is paid by the drawee.D. with acceptance but the bill is paid by the drawer.

64. If an insurance policy prohibits additional insurance on the property insured without theinsurers consent, such provision being valid and reasonable, a violation by the insured

A. reduces the value of the policy.

B. avoids the policy.

C. offsets the value of the policy with the additional insurancess value.D. forfeits premiums already paid.

65. X found a check on the street, drawn by Y against ABC Bank, with Z as payee. X forged

Zs signature as an indorser, then indorsed it personally and delivered it to DEF Bank. The latter,in turn, indorsed it to ABC Bank which charged it to the Ys account. Y later sued ABC Bank

but it set up the forgery as its defense. Will it prosper?A. No, since the payees signature has been forged.

B. No, since Ys remedy is to run after the forger, X.

C. Yes, since forgery is only a personal defense.

D. Yes, since ABC Bank is bound to know the signature of Y, its client.

66. 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 forthe 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 votes applies.

67. X, at Ys request, executed a Real Estate Mortgage (REM) on his (Xs) land to secure Ys

loan from Z. Z successfully foreclosed the REM when Y defaulted on the loan but half of Ys

obligation remained unpaid. May Z sue X to enforce his right to the deficiency?

A. Yes, but solidarily with Y.B. Yes, since Xs is deemed to warrant that his land would cover the whole obligation.

C. No, since it is the buyer at the auction sale who should answer for the deficiency.

D. No, because X is not Zs debtor.

68. May a publicly listed universal bank own 100% of the voting stocks in another universal

bank and in a commercial bank?A. Yes, if with the permission of the Bangko Sentral ng Pilipinas.

B. No, since it has no power to invest in equities.

C. Yes, as there is no prohibition on it.


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D. No, since under the law, the 100% ownership on voting stocks must be in either bank

only.

69. Perils of the ship, under marine insurance law, refer to loss which in the ordinary course of

events results from

A. natural and inevitable actions of the sea.B. natural and ordinary actions of the sea.

C. unnatural and inevitable actions of the sea.

D. unnatural and ordinary actions of the sea.

70. 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.

71. Can a drawee who accepts a materially altered check recover from the holder and the

drawer?

A. No, he cannot recover from either of them.

B. Yes from both of them.

C. Yes but only from the drawer.D. Yes but only from the holder.

72. The rule is that the intentional cancellation of a person secondarily liable results in the

discharge of the latter. With respect to an indorser, the holders right to cancel his signature is:A. without limitation.

B. not limited to the case where the indorsement is necessary to his title.

C. limited to the case where the indorsement is not necessary to his title.

D. limited to the case where the indorsement is necessary to his title.

73. X, in the hospital for kidney dysfunction, was about to be discharged when he met his friendY. X told Y the reason for his hospitalization. A month later, X applied for an insurance

covering serious illnesses from ABC Insurance, Co., where Y was working as Corporate

Secretary. Since X had already told Y about his hospitalization, he no longer answered a

question regarding it in the application form. Would this constitute concealment?

A. Yes, since the previous hospitalization would influence the insurer in deciding whether

to grant Xs application.

B. No, since Y may be regarded as ABCs agent and he already knew of Xs previoushospitalization.

C. Yes, it would constitute concealment that amounts to misrepresentation on Xs part.

D. No, since the previous illness is not a material fact to the insurance coverage.


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74. Several American doctors wanted to set up a group clinic in the Philippines so they could

render modern medical services. If the clinic is to be incorporated under our laws, what is the

required foreign equity participation in such a corporation?A. 40%

B. 0%

C. 60%D. 70%

75. X executed a promissory note in favor of Y by way of accommodation. It says: Pay to Y ororder the amount of Php50,000.00. Signed, X. Y then indorsed the note to Z, and Z to T. When

T sought collection from Y, the latter countered as indorser that there should have been a

presentment first to the maker who dishonors it. Is Y correct?

A. No, since Y is the real debtor and thus, there is no need for presentment for payment

and dishonor by the maker.

B. Yes, since as an indorser who is secondarily liable, there must first be presentment for

payment and dishonor by the maker.

C. No, since the absolute rule is that there is no need for presentment for payment and dishonorto hold an indorser liable.

D. Yes, since the secondary liability of Y and Z would only arise after presentment for paymentand dishonor by the maker.

76. The Board of Directors of XYZ Corp. unanimously passed a Resolution approving the takingof steps that in reality amounted to willful tax evasion. On discovering this, the government filed

tax evasion charges against all the companys 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 itsdirectors.

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.

77. T is the registered trademark owner of CROCOS which he uses on his ready-to-wearclothes. Banking on the popularity of Ts trade mark, B came up with his own CROCOS

mark, which he then used for his CROCOS burgers. T now sues B for trademark infringement

but B argues that his product is a burger, hence, there is no infringement. Is B correct?

A.No,since the owner of a well-known mark registered in the Philippines has rights that

extends even to dissimilar kinds of goods.

B. Yes, since the right of the owner of a well-known mark registered in thePhilippines does not extend to goods which are not of the same kind.

C. Yes, as B was in bad faith in coming up with his own CROCOS mark.

D. No, since unlike T, he did not register his own CROCOS mark for his product.


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78. A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business name, A

Transport Co., Inc. May this be allowed?

A. No, it would be deceptive since he is a proprietor, not a corporation.

B. No, since A is a generic name, not suitable for registration.

C. Yes, since his line of business is public transportation.

D. Yes, since such name would give his business a corporate identity.

79. T delivers two refrigerators to the warehouse of W who then issues a negotiable receipt

undertaking the delivery of the refrigerators to T or bearer. T entrusted the receipt to B forsafekeeping only. B negotiated it, however, to F who bought it in good faith and for value. Who

is entitled to the delivery of the refrigerators?

A. T, since he is the real owner of the refrigerators.

B. F, since he is a purchaser in good faith and for value.

C. B, since T entrusted the receipt to him.

D. W, since he has as a warehouseman a lien on the goods.

80. The Articles of Incorporation must be accompanied by a Treasurers Affidavit certifyingunder oath, among others, that the total subscription paid is:

A. not less than P25,000.00.B. not more than P5,000.00.

C. not less than P5,000.00.

D. not more than P25,000.00.

81. In a special meetin

mcq 2011 bar taxation[1]

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