ReSA B44 RFBT First PB Exam Questions and Answers
ReSA B44 RFBT First PB Exam Questions and Answers
ReSA B44 RFBT First PB Exam Questions and Answers
CPA Review Batch 44 Oct 2022 CPALE 30 July 2022 3:00 - 5:00 PM
INSTRUCTIONS: Select the correct answer for each of the questions. Mark only one
answer for each item by shading the box corresponding to the letter of your choice on
the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 2 only.
10. 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.
B a. 1/2
b. 2/3
c. 3/4
d. All
11. 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.
B a. Jointly
b. Solidarily
c. In the alternative
d. For their respective share
12. No management contract shall be entered into for a period longer than _______
years for any one (1) term.
A a. Five
b. Ten
c. Twenty
d. Fifty
13. 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.
C a. 1/2
b. Majority
c. 2/3
d. 3/4
14. The owners of _________ of the outstanding capital stock may revoke the delegated
power of the board of directors to amend or repeal the by-laws.
B a. 1/2
b. Majority
c. 2/3
d. 3/4
16. 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 a. One
b. Two
c. Three
d. Ten
18. 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 the Corporation Code.
19. 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.
Under the Revised Corporation Code, stockholders’ or members’ meetings, whether
regular or special, shall be held in the city or municipality where the principal
office of the corporation is located.
A a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
20. 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.
D a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
21. 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.
D a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
22. In all cases, an industrial partner cannot engage in business for himself.
A capitalist partner may prohibit an industrial partner from engaging in the same
kind of business as the partnership.
B a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
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.
B a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
24. 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.
C a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
25. Articles of universal partnership, entered into without specification of its
nature, only constitute a_______________.
B a. Universal partnership of all present property
b. Universal partnership of profits
c. Limited partnership
d. General partnership
26. Cheska personally owe P20,000 to Mr. A, the managing partner in charge for
collection of ABC Partnership. On the other hand, Cheska owes P30,000 to the
partnership. When both debts are due, Cheska paid P10,000 to Mr. A, with the
latter issuing a receipt under his name. How much of the P10,000 should go to
Mr. A, if any?
C a. P8,000
b. P6,000
c. P4,000
d. 0
27. Dilek personally owe P10,000 to Mr. A, the managing partner in charge for
collection of ABC Partnership. On the other hand, Dilek owe P30,000 to the
partnership. When both debts are due, Dilek 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?
D a. P8,000
b. P6,000
c. P2,000
d. 0
28. 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 Batanes as the next expansion area of the business, while B, C and D
chose Samar. Applying the rules of Article 1801, which would prevail as the next
expansion site of the business?
B a. Batanes
b. Samar
c. Both A & B
d. None of the above
29. Howard, Ivan and Jacob are joint debtors. They obliged themselves to deliver a
specific cat (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?
C a. P9,000
b. P9,000 plus damages
c. P3,000 plus damages
d. None. He is not forced to comply.
Page 4 of 13 0915-2303213 resacpareview@gmail.com
REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS
ReSA Batch 44 – October 2022 CPALE Batch
30 July 2022 3:00 PM to 5:00 PM RFBT First Pre-Board Exam
30. 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 a. P25,000
b. None. It has already exceeded the share of B.
c. Another P20,000
d. P5,000
31. One peso coins are considered to be legal tender up to
A a. One thousand pesos
b. One hundred pesos
c. One million pesos
d. Up to any amount
34. 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?
B 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
35. What is the translation of the innominate contract “Facio ut des”?
C 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
36. What is the translation of the innominate contract “Do ut des”?
A 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
38. Under a contract, Robert obligated himself to build a house for Rina. In this
example, the object or the prestation is
D a. Mr. Robert
b. The house itself
c. Ms. Rina
d. The construction of the house
39. During a strong typhoon, Blessy saved the horses of Rose, who is currently out
of town. Blessy incurred expenses amounting to P20,000. This can be reimbursed
because of
B a. Solutio indebiti
b. Negotiorum gestio
c. Fortuitous event
d. Natural obligation
41. After the strong storm, Kerri did not remove the broken branches of her mango
tree. A few days after, a passerby was hit by a branch that fell. Is Kerri
liable?
D 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.
42. 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?
B a. Susan
b. Betty
c. Peachy, because she is the mother of the piglets
d. None of the above
43. On December 1, 2022, Solomon agreed to sell a car worth P2,000,000 to Bartolome.
The car will be delivered to Bartolome on December 31, 2022. Prior to December
31, 2022, what kind of right does Bartolome possess?
A a. Personal right
b. Real right
c. Both a and b
d. None of the above
44. On December 1, 2022, Solomon agreed to sell a car worth P2,000,000 to Bartolome.
The car will be delivered to Bartolome on December 31, 2022. After December 31,
2022, what kind of right does Bartolome possess?
B a. Personal right
b. Real right
c. Both a and b
d. None of the above
46. What principle is the basis of the rule that an indeterminate thing cannot be
the object of destruction?
C a. Force majeure
b. Negotiorum gestio
c. Genus nunquam perit
d. Compensatio morae
47. Kirsten agreed to deliver a specific horse on August 30, 2022 to Berta. Today is
September 2, 2022 and Kirsten has not yet delivered the specific horse. Kirsten
is now said to be in
B a. Legal delay
b. Ordinary delay
c. Both a & b
d. None of the above
48. Sevie promised to deliver a wedding dress to Beth for her upcoming wedding on
September 30, 2022. Sevie was not able to comply with his obligation on time.
There was no demand on the part of Beth. In this scenario,
B 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.
50. An obligation may arise in all of the following instances even without an
agreement, except:
B a. Law
b. Contract
c. Quasi-contract
d. Delict
e. Quasi-Delict
51. A student was stabbed inside the campus by a stranger. Will there be a liability
or obligation on the part of the school?
C a. No, there will only be a criminal liability on the part of the
stranger.
b. Yes, the school is liable due to quasi-delict.
c. Yes, the school is liable due to a contract.
d. No, no one should be liable because the student deserved it.
52. An overspeeding jeepney (that was carrying several passengers) turned turtle
because one of its tires blew out. One of the passengers died. The heirs filed
a suit for damages. The owner of the jeep filed an answer contending that the
cause of the accident was a fortuitous event because the tires were not yet old
and overused. Who is liable, if any?
B a. No one is liable because it was just an accident. No one wanted it
to happen.
b. The owner of the jeep is liable.
c. The tire company is liable.
d. Both B and C.
53. Which among the following is not a requisite for a fortuitous event?
B a. The cause of the breach of the obligation must be independent of the
will of the debtor
b. The event must be foreseeable or avoidable
c. The event must be such as to render it impossible for the debtor to
fulfill his obligation in a normal manner
d. The debtor must be free from any participation in, or aggravation of
the injury to the creditor.
58. A and B entered into a contract of loan, providing that B shall pay when his
means permit him to do so. What is the remedy of A in case of non-payment by B?
B a. There is none because the obligation is one with a condition. It is
not guaranteed.
b. Since the obligation is deemed to be one with a period, the remedy
of A is to go to court and ask the court to fix the period.
c. The remedy of A is to file a case of quo warranto with the Court of
Appeals.
d. Both B and C.
59. This kind of fraud vitiates consent and makes the contract voidable:
A a. Dolo causante
b. Dolo incidente
c. Dolo revilla
d. None of the above
60. X, Y and Z are solidary co-debtors of A. X obtained remission of the total amount
of the obligation from A. Can X ask for reimbursement of Y’s and Z’s shares?
C a. Yes, because there was an effort on the of Mr. X to obtain the
remission.
b. Yes, he is entitled to reimbursement under the concept of solutio
indebiti
c. No, because the remission of whole obligation, obtained by one of the
solidary debtors, does not entitle him to reimbursement from his co-
debtors.
d. No, because remission made by a creditor for the benefit of one debtor
benefits that debtor only
63. The nullity of the penal clause does not carry with it that of the principal
obligation.
The nullity of the principal obligation carries with it that of the penal clause.
C a. Only the first statement is correct.
b. Only the second statement is correct.
c. Both statements are correct.
d. Both statements are incorrect.
64. What is the effect if the check which was used as payment was a manager’s check?
Is it going to constitute payment?
D a. Yes, a manager’s check is good as cash.
b. Yes, a manager’s check has the assurance of the issuing bank.
c. Both A and B.
d. No, because a manager’s check is a not a legal tender.
66. X promised to deliver a car to B provided that he passes the CPA board examination.
The car was lost because of a fortuitous event without his fault. If B passed
the board exam, can he compel X to deliver the car?
C a. No, because the obligation to deliver has already been extinguished
by the loss of the car due to a fortuitous event.
b. No, because the obligation to deliver has already been extinguished
by the loss of the car and it is without his fault.
c. Yes, the loss nor destruction of the car does not extinguish the
obligation.
d. Yes, because X is liable even in case of loss or destruction of the
car through fortuitous event
67. X owns a house and lot. He sent a letter to Y and offered it for sale. Two days
after the receipt, Y sent X a letter accepting the offer. But when the letter of
acceptance reached X’s residence, he was already dead. Which of the following is
correct?
D a. The contract was perfected on the day the offer was sent by X to Y.
b. The contract was perfected on the day the acceptance was sent by X
to Y.
c. The contract was perfected on the day the letter of acceptance reached
X’s residence.
d. None of the choices.
68. Within what period should an action for annulment of a contract entered into by
minors or other incapacitated persons be brought?
C a. It should be brought within 2 years from the time the
guardianship/incapacity ceases.
b. It should be brought within 4 years from the time of the perfection
of the contract.
c. It should be brought within 4 years from the time the
guardianship/incapacity ceases.
d. It should be brought within 10 years from the time of the perfection
of the contract.
69. It means the right of the parties to enter into such stipulations or terms and
conditions in their contracts
C a. Mutuality of contracts
b. Relativity of contracts
c. Liberty of contracts
d. Effectivity of contracts
72. A is the owner of a house which is being verbally leased to B for 7 years. During
the effectivity of the agreed period, A demanded that B vacate the leased
premises. Can B go to court and enforce his right under the contract?
B a. Yes, because there was an oral promise made by A to B.
b. Yes, because the contract is valid and enforceable.
c. No, because the contract is void.
d. No, because the contract is unenforceable.
74. The partners contribute all the property which actually belongs to them to a
common fund, with the intention of dividing the same among themselves, as well
as all the profits which they may acquire therewith
A a. Universal partnership of all present property
b. Universal partnership of all profits
c. Limited partnership
d. Particular partnership
76. First statement: A stranger who includes his name in the partnership name shall
be liable as a partner but without any rights as such
Second statement: A limited partner who included his name in the firm name shall
be generally liable as a general partner
A a. Both statements are correct
b. Both statements are incorrect
c. Only the first statement is correct
d. Only the second statement is correct
77. The revocation of the authority of a managing partner who was appointed after
the formation of the partnership and not in the Articles of Partnership would
require:
B a. Just and lawful cause
b. Vote of the controlling interest
c. Unanimous vote of the partners
d. A and B
e. A and C
78. May an industrial partner engage in another business during the existence of the
partnership?
B a. No, in all cases.
b. No, unless the capitalist partners expressly permit him to do so.
c. No, unless the other business is not of the same kind.
d. Yes, he has every right to do so.
Page 10 of 13 0915-2303213 resacpareview@gmail.com
REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS
ReSA Batch 44 – October 2022 CPALE Batch
30 July 2022 3:00 PM to 5:00 PM RFBT First Pre-Board Exam
79. In case of imminent losses, this type of partner is exempted from making
additional contributions to save the partnership:
B a. Capitalist partner
b. Industrial partner
c. Secret partner
d. Strong and Independent Partner
81. No corporation under the Code, shall possess or exercise any corporate powers,
except those conferred by law, its Articles of Incorporation, those implied from
express powers and those necessary or incidental to the exercise of the powers
so conferred.
C a. Business Entity Theory
b. Right of Succession
c. Doctrine of Limited Capacity
d. Piercing the Veil of Corporate Fiction
84. Under the Revised Corporation Code, what is the minimum paid-in capital for a
corporation with an authorized capital stock amounting to P1,000,000?
D a. P1,000,000
b. P250,000
c. P62,500
d. None of the choices
85. MINERO Corporation would like to engage in the business of mining gold in Abra.
It is 80% owned by LEICA (a domestic corporation) and 20% owned by individual
foreigners. Leica, on the other hand, is 70% owned by Filipino individuals and
30% owned by individual foreigners. Should the SEC approve the application of
MINERO Corporation?
A a. Yes, it was able to comply with the requirements of the law.
b. No, the required Filipino ownership percentage was not met.
c. Yes, anything is possible as long as there is unity.
d. No, because it is late in the evening and she is wondering what
clothes to wear.
86. Emma subscribed to 2,000 shares of KILLER BRIDE Corporation at P50. She only paid
P10,000 cash. How many shares, if any, is to be issued to Emma upon her payment
of P10,000?
D a. 2,000 shares
b. 1,000
c. 200 shares
d. None of the choices
87. FUJI Corporation has a principal office located on ELJ Building, Diliman, Quezon
City. What are the possible valid venues for the upcoming shareholder’s meeting?
C a. ELJ Building only
b. Any venue in Quezon City
c. Any venue in Metro Manila
d. Any venue in the Philippines
89. Which of the following vacancies in the Board of Directors can be filled up by
the stockholders only?
D a. Death of a director
b. Abandonment made by a director
c. Resignation of a director
d. Removal of a director
90. Insider trading involving information related to a tender offer would require
all of the following, except:
B a. Material non-public information relating to a tender offer
b. Any of the insiders as enumerated under the SRC
c. Transacting on the security while the information is still non-public
d. All of the choices are required
92. The contract of insurance is one of perfect good faith, not for the insured
alone, but equally so for the insurer. This relates to which characteristic of
an insurance contract?
A a. Uberrimae fides contract
b. Contract of indemnity
c. Risk distributing device
d. Aleatory
93. The obligation of the insurer to pay the proceeds of the insurance arises only
upon the happening of an event which is uncertain. It does not depend upon some
contingent event.
D a. Uberrimae fides contract
b. Contract of indemnity
c. Risk distributing device
d. Aleatory
94. An insurance contract is a ready-made form of contract, which the other party
may accept or reject, but which the latter cannot modify.
A a. Contract of adhesion
b. Personal
c. Voluntary
d. Synallagmatic
95. Work performed beyond the normal working hours must be paid an additional
compensation equivalent to an employee’s regular wage plus at least _____
thereof.
C a. 10%
b. 20%
c. 25%
d. 30%
96. Employees who work beyond 8 hours on a holiday or rest day shall also be paid an
additional compensation equivalent to the rate of the first 8 hours plus at least
____ thereof.
D a. 10%
b. 20%
c. 25%
d. 30%
Page 12 of 13 0915-2303213 resacpareview@gmail.com
REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS
ReSA Batch 44 – October 2022 CPALE Batch
30 July 2022 3:00 PM to 5:00 PM RFBT First Pre-Board Exam
97. An employee performing work between 10:00 PM and 6:00 AM must be paid a night
shift premium of not less than ____ of their regular wage for each hour of work
performed.
B a. 5%
b. 10%
c. 15%
d. 20%
98. Employees who have rendered at least one (1) year of service is entitled to a
yearly service incentive of _____ days with pay.
A a. 5
b. 10
c. 15
d. 20
99. Coverage in the SSS shall be compulsory upon all employees including kasambahays
or domestic workers not over ___ years of age and their employers
B a. 50
b. 60
c. 70
d. 80