DIAG Flashcards

(43 cards)

1
Q

Statement I: Covered persons shall include lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where disclosure of information would compromise client con dences or the attorney-client relationship.
Statement II: Lawyers and accountants acting as independent legal professionals are not required to report covered and suspicious transactions if the relevant information was obtained in circumstances where they are subject to professional secrecy or legal professional privilege.
a. Both Statements are False
b. Statement I is False while Statement II is True
c. Statement I is True while Statement II is False
d. Both Statements are True

A

b. Statement I is False while Statement II is True

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2
Q

Its primary objective is to temporarily preserve monetary instruments or property that are in any way related to unlawful activity, by preventing the owner from utilizing them during its duration.
a. Record Keeping
b. Customer Identi cation
c. Freeze Order
d. Money Laundering

A

c. Freeze Order

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3
Q

May the Anti-Money Laundering Council (AMLC) inquire into bank deposits without violating the Bank Secrecy Law? Which Statement is correct?
a. The AMLC may only inquire into bank deposits and a court order is not necessary regardless of any unlawful. activities
b. The AMLC may only inquire into bank deposits upon order of the Court, as provided by law.
c. The AMLC may inquire into bank deposits and a court order is necessary regardless of any unlawful activities.
d. The AMLC may directly inquire into bank deposits in order to protect the public interest of the country.

A

b. The AMLC may only inquire into bank deposits upon order of the Court, as provided by law.

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4
Q

The covered transaction under the AMLA is a transaction in cash or other equivalent monetary instrument involving a total amount
a. in excess of P500,000 within one (1) working day
b. of P500,000 and in excess thereof within one (1) working day
c. in excess of P500,000 within one (1) banking day
d. of P500,000 and in excess thereof within one (1) banking day

A

c. in excess of P500,000 within one (1) banking day

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5
Q

It is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors: Provided, That such composition or form gives a special appearance to and can serve as a pattern for an industrial product or handicraft
a. Copyright
b. Patent
c. Trademark
d. Industrial Design

A

d. Industrial Design

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6
Q

The right to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation
a. Copyright
b. Patent
c. Industrial Design d. Trademark

A

a. Copyright

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7
Q

Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods
a. Patent
b. Industrial Design
c. Copyright
d. Trademark

A

d. Trademark

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8
Q

A technical solution to a problem in any eld of human activity which is new and industrially applicable must be registered
a. Patent
b. Copyright
c. Industrial Design
d. Trademark

A

a. Patent

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9
Q

Within what term or period may intellectual right exists for Trademarks, Patents, and Copyrights, respectively:
a. 10 years subject to inde nite renewal for periods of 10 years each; 20 years from the ling date of application; and during his lifetime and for 50 years after his death
b. 20 years from the ling date of application; during his lifetime and for 50 years after his death; and 10 years subject to inde nite renewal for periods of 10 years each
c. 10 years subject to inde nite renewal for periods of 10 years each; during his lifetime and for 50 years after his death; and 20 years from the ling date of application
d. During his lifetime and for 50 years after his death; 10 years subject to inde nite renewal for periods of 10 years each; and 20 years from the ling date of application

A

a. 10 years subject to inde nite renewal for periods of 10 years each; 20 years from the ling date of application; and during his lifetime and for 50 years after his death

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10
Q

May the scent of a perfume or the sound of a musical instrument be the subject of trademark registration?
a. No. The law on trademark requires that the sign must be visible
b. Yes. It is provided in a special law
c. Yes. It is capable of distinguishing the goods or services of an enterprise
d. Yes. The law on trademark does not require visibility

A

a. No. The law on trademark requires that the sign must be visible

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11
Q

Statement I: Money market placements are covered by the Secrecy Law. It is considered a simple loan or mutuum.
Statement II: A safety deposit box is not covered by the law because it is a special kind of deposit. The renting out of safety deposit box is not independent from but related to or in conjunction with the bank’s principal function.
a. Both Statements are False
b. Statement I is False while Statement II is True
c. Both Statements are True
d. Statement I is True while Statement II is False

A

a. Both Statements are False

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12
Q

Bank Secrecy Law was approved on September 9, 1955 under Republic Act No. ______________.
a. 1450 b. 1504 c. 1540 d. 1405

A

d. 1405

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13
Q

Statement I: The easiest way to waive the secrecy of bank deposits is through a written waiver.
Statement II: It is necessary that the waiver be made voluntarily, unknowingly, and with su cient awareness of the relevant circumstances and consequences.
a. Statement I is True while Statement II is False
b. Both Statements are True
c. Statement I is False while Statement II is True
d. Both Statements are False

A

a. Statement I is True while Statement II is False

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14
Q

Statement I: Claims should be led within the three-year prescriptive period after PDIC’s takeover of the closed bank.
Statement II: The PDIC, as Receiver, has the authority to adjust the interest rate on unpaid interests on deposits if such rate is deemed unreasonably higher compared to market rates.
a. Both Statements are False
b. Statement I is False while Statement II is True
c. Both Statements are True
d. Statement I is True while Statement II is False

A

b. Statement I is False while Statement II is True

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15
Q

PDIC law was enacted on April 29, 2009 under Republic Act No. ____________.
a. 5976 b. 9567 c. 5967 d. 9576

A

d. 9576

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16
Q

Statement I: Depositors with valid deposit accounts with balances of Php 100,000 and below, provided: no obligations with closed banks, has complete and updated addresses, and have not maintained the account under the name of business entities are not required to le claims.
Statement II: PDIC will take within six (6) months from the date of ling provided all requirements are met but the claims must be led within 12 months after bank takeover.
a. Statement I is False while Statement II is True
b. Both Statements are False
c. Statement I is True while Statement II is False
d. Both Statements are True

A

c. Statement I is True while Statement II is False

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17
Q

Insured deposit is the amount due to any bona de depositor for legitimate deposits in an insured bank net of any obligation of the depositor to the insured bank as of the date of closure,
a. But not to exceed P500,000
b. But not to exceed P1,000,000
c. But to exceed P500,000
d. But to exceed P1,000,000

A

a. But not to exceed P500,000

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18
Q

It refers to the means to implement the right to data privacy
a. Data Privacy
b. Consent of Data
c. Data Protection
d. Data Subject

A

c. Data Protection

19
Q

It refers to a system for generating, sending, receiving, storing, or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by which data is recorded, transmitted, or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.
a. Information and Communication System
b. Communication System
c. Filing System
d. Information System

A

a. Information and Communication System

20
Q

It refers to any natural or juridical person quali ed to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
a. Personal Information Processor
b. Privileged Information Processor
c. Personal Information Controller
d. Sensitive Personal Information Processor

A

a. Personal Information Processor

21
Q

The Privacy Commissioner and the two (2) Deputy Privacy Commissioners shall have a term of
a. Three years for Privacy Commissioner and Five years for Deputy
b. Three years without any reappointment
c. Three years for Deputy and Five years for Privacy Commissioner
d. Three (3) years, and reappointment for another term of three (3) years.

A

d. Three (3) years, and reappointment for another term of three (3) years.

22
Q

Statement I: Personal Information Processor is responsible for personal information under its control or custody, including information that has been transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.
Statement II: All sensitive personal information maintained by the government, its agencies, and instrumentalities shall be secured, as far as practicable, with the use of the most appropriate standard recognized by the information and communication technology industry, and as recommended by the Commission.
a. Both Statements are True
b. Both Statements are False
c. Statement I is True while Statement II is False
d. Statement I is False while Statement II is True

A

d. Statement I is False while Statement II is True

23
Q

It refers to any distinctive mark, characteristic, and/or sound in electronic form, representing the identity of a person.
a. Electronic Signature
b. Electronic Data Message
c. Electronic Key
d. Electronic Document

A

a. Electronic Signature

24
Q

It refers to a person who on behalf of another person sends, receives, and/or stores electronic documents.
a. Intermediary
b. Originator
c. Addressee
d. Service Provider

A

a. Intermediary

25
Electronic Commerce Law was signed into law last June 14, 2000 under Republic Act No. ___________. a. 8729 b. 9287 c. 8792 d. 9278
c. 8792
26
Statement I: Electronic transactions made through networking among banks, or linkages thereof with other entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing of cash or debit of one account and the corresponding credit to another. Statement II: Service Provider refers to a person who is intended by the originator to receive the electronic data message or electronic document. a. Statement I is True while Statement II is False b. Both Statements are True c. Both Statements are False d. Statement I is False while Statement II is True
a. Statement I is True while Statement II is False
27
A contract of agency is extinguished upon: a. Legal Redemption b. Merger or Consolidation c. Revocation d. Conventional Redemption
c. Revocation
28
Statement I: By the contract of agency, a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. Statement II: Agency is presumed to be for compensation unless there is proof to the contrary. a. Both Statements are False b. Statement I is True while Statement II is False c. Both Statements are True d. Statement I is False while Statement II is True
c. Both Statements are True
29
Under Article 1874 of the NCC, “When a sale of a piece of land – is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void”. a. This is a requirement for enforceability only b. This is a requirement for convenience, not mere enforceability c. This is a requirement for validity only d. This is a requirement for validity, not mere enforceability
d. This is a requirement for validity, not mere enforceability
30
Statement I: The agent may appoint a substitute if the principal has not prohibited him from doing so, but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. Statement II: A special power to sell excludes the power to mortgage, and a special power to a mortgage does not include the power to sell. a. Statement I is True while Statement II is False b. Both Statements are False c. Both Statements are True d. Statement I is False while Statement II is True
c. Both Statements are True
31
Statement I: The agent is bound by his acceptance to carry out the agency and is not liable for the damages which, through his non- performance, the principal may suffer. Statement II: The principal must comply with all the obligations which the agent may have contracted within and beyond the scope of his authority. a. Statement I is False while Statement II is True b. Both Statements are False c. Both Statements are True d. Statement I is True while Statement II is False
b. Both Statements are False
32
It is a contract by virtue of which the debtor delivers to the creditor or to the third person a movable or instrument evidencing incorporeal rights for the purpose of securing the fulllment of a principal obligation is fullled the thing delivered shall be returned with all the fruits and accessions. a. Pledge b. Real Mortgage c. Mortgage d. Chattel Mortgage
A. Pledge
33
Which is not a characteristic/Nature of pledge as a contract? a. Unilateral b. Accessory c. Subsidiary d. Consensual
d. Consensual
34
Which is not a type/kind of pledge? a. Equitable b. Conventional c. Voluntary d. Legal
a. Equitable
35
It is a stipulation authorizing the creditor to appropriate the things given by way of pledge and mortgage or to dispose of them. It is declared null and void by law. a. Pactum De Non Alienado b. Pactum Commissorium c. Pacta Commissorium d. Pactum De Commissorium
b. Pactum Commissorium
36
Statement I: All movables and immovables which are within commerce may be pledged, provided they are susceptible of possession. Statement II: A pledge shall not take effect against third persons if a description of the thing pledge and the date of the pledge do not appear in a public instrument. a. Statement I is False while Statement II is True b. Both Statements are True c. Statement I is True while Statement II is False d. Both Statements are False
a. Statement I is False while Statement II is True
37
Which is not a similarity between pledge and chattel mortgage? a. Both are constitute a lien on the property b. Both are constituted only on personal property c. Both are divisible d. Both are executed to secure performance of a principal obligation
c. Both are divisible
38
Which is not a characteristic/nature of a chattel mortgage? a. Formal b. Accessory c. Principal d. Unilateral
c. Principal
39
Statement I: Judicial Foreclosure – the mortgagee institutes an action in or out of court. Statement II: Extra-Judicial Foreclosure – The sale is made by the mortgagee himself when authorized by the Chattel mortgage contract or by special law. a. Both Statements are True b. Both Statements are False c. Statement I is False while Statement II is True d. Statement I is True while Statement II is False
c. Statement I is False while Statement II is True
40
Statement I: In a chattel mortgage, the registration of the same in the Chattel Mortgage Register is necessary, while in pledge, registration in the Registry of Property is not necessary. Statement II: In a chattel mortgage, the creditor is entitled to recover any deciency except if the chattel mortgage is a security for the purchase of personal property in installments, while in pledge, the creditor is not entitled, any stipulation to the contrary notwithstanding. a. Statement I is True while Statement II is False b. Both Statements are False c. Both Statements are True d. Statement I is False while Statement II is True
c. Both Statements are True
41
Which is not an object of Chattel Mortgage Contract? a. Shares of Stock b. Growing Crops c. Terrestrial Land d. Large Cattle
c. Terrestrial Land
42
It is a contract whereby the debtor secures to the creditor the fulllment of the principal obligation, especially subjecting to such security immovable property or real rights over immovable property in case the principal obligation is not complied with at the time stipulated. a. Contract of Loan b. Chattel Mortgage c. Equitable Mortgage d. Real Estate Mortgage
d. Real Estate Mortgage
43
Which is not a characteristic/nature of a Real Estate Mortgage? a. Bilateral b. Accessory c. Subsidiary d. Real
a. Bilateral