RFBT Assessment
RFBT Assessment
RFBT Assessment
27. It is a method of determining the nationality of a corporation by breaking down the equity
structure of such corporation and further determines of its stockholders are also “Filipino
Nationals.”
a. Trust Fund Doctrine
b. Separate Personality Principle
c. Grandfather Rule
d. Piercing the veil of corporation fiction
28. The following are the elements that must be present to justify the piercing the veil of corporate
fiction on the ground that the corporation is a mere alter ego except:
a. Control not only financial but complete dominance over the affairs of the other corporation
b. Such control must be used to perpetuate fraud
c. The said control and use of fraud are the proximate causes for the loss complained of
d. None of the above
29. The right of succession of a corporation means
a. Corporations with infinite years of corporate existence may be created.
b. A corporation may continue to exist even if all of its stockholders are dead.
c. A corporation is never dissolved.
d. All of the above
30. The following are the requisites of a valid de facto corporation except:
a. The existence of a valid law under which it may be incorporated
b. An attempt in good faith to incorporate
c. Notarization of the Articles of Incorporation
d. None of the above
31. During a strong typhoon, Mr. X saved the horses of Mr. Z, who is currently out of town. Mr. X
incurred expenses amounting to P5,000. This can be reimbursed because of:
a. Solution indebiti
b. Negotiorium gestio
c. Fortuitous event
d. Natural obligation
32. Juan received P20,000 from Pedro because the latter thought that Juan is his creditor Juancho.
Juan should return the money because of
a. Contract
b. Solution indebiti
c. Negotiorium Gestio
d. Public Policy
33. After the strong storm, Pedro did not remove the broken branches of his mango tree. A few
days after, a passer-by was hit by a branch that fell. Is Pedro liable?
a. No, it is a fortuitous event
b. Yes, he is liable for a crime
c. No, it is mere accident
d. Yes, he is liable for a quasi-delict
34. Mr. S sold a pig named Pcachy to Ms. B for P5,000. 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 5 piglets. Who is entitled to the 5 piglets?
a. Mr. S
b. Ms. B
c. Peachy, because she is the mother of the piglets
d. None of the above
35. On December 1, 2018, Mr. S agreed to sell a car worth P1,000,000 to Mr. B. the car will be
delivered to Mr. B on December 31, 2018. Prior to December 31, 2018, what kind of right does
Mr. B possess?
a. Personal right
b. Real right
c. Both A and B
d. None of the above
36. Assume further that delivery has been made to Mr. B. What kind of right does he now possess?
a. Personal right binding against Mr. S
b. Real right binding against Mr. S
c. Personal right binding against the whole world
d. real right binding against the whole world
37. Greta, Hilario, and Ivan formed a partnership with a capital contributions of P50,000 each. They
also agreed that the profit sharing shall be 40-40-20 (Greta-Hilario-Ivan). They also agreed that
in case of losses, the losses shall be shared equally by Greta, and Hilario only. Should be
partnership suffer losses in the amount of P90,000. How much is Hilarios share?
a. P18,000
b. P30,000
c. P36,000
d. Nothing
38. A limited partner cannot contribute to the partnership:
a. Cash
b. Tangible property
c. Intangible property
d. Services
39. First statement: Assignee of the limited partner’s interested becomes a substituted limited
partner when the certificate is appropriately amended.
Second statement: A limited partner who became liable as a general partner for taking part on
the control of the business ceases to be liable after being substituted as a limited partner by an
assignee.
a. Both statements are true
b. None of the statements is true
c. Only the first statement is true
d. Only the second statement is true
40. In case of death of a limited partner, who shall be liable for all his liabilities as a limited partner?
a. The estate of the deceased limited partner
b. The heirs of the deceased limited partner
c. The general partners
d. The partnership
41. Which of the following liabilities is the last in the order of settlement after the dissolution of a
limited partnership?
a. Those to the general partners other than for capital and profits
b. Those to the general partners in respect to profits
c. Those to the general partners in respect to the capital
d. Those to partnership creditors
42. A corporation formed organized or existing under the Philippine laws:
a. Foreign corporation
b. Stock Corporation
c. Corporation
d. Domestic Corporation
43. The following are advantages of a corporate form of business except:
a. Transferability of shares
b. Unlimited liability of the owners
c. Centralized Management through the Board of Directors
d. Separate personality from its owners
44. Those mentioned in the articles of incorporation as originally forming and composing the
corporation having signed the articles and acknowledged the same before a notary public:
a. Corporators
b. Incorporators
c. Stockholders
d. Directors
45. That portion of the authorized capital stock that is covered by subscription agreements:
a. Paid up capital
b. Subscribed capital stock
c. Authorized capital
d. Additional paid in capital
46. A document certifying that 25% of the authorized capital stock has been subscribed and 25%
thereof are actually paid:
a. Treasurer’s affidavit
b. Articles of incorporation
c. Corporate by-laws
d. Secretary’s certificate
47. Ownership over a property is transferred during the
a. Perfection of the contract
b. Delivery of the subject matter
c. Payment of the price
d. All of The above
48. Mr. S obliged himself to deliver to Mr. B 50 sacks of sugar for P20,000. Mr. S was not able to
comply with his undertaking. Mr. B was now forced to find a new seller of sugar. Mr. B was able
to buy 50 sacks of sugar from Mr. T for P20,000 also. Is Mr. S still liable?
a. No, because there was no damage on the part of Mr. B. The sugar still costs P20,000
b. No, because Mr. B was able to get a replacement
c. Yes, Mr. S incurred a breach of contract
d. Both A and B
49. What principle is the basis of the rule that an indeterminate thing cannot be the object of
destruction?
a. Force majeure
b. Negotiorum gestio
c. Genus nunquam perit
d. Compensatio morae
50. Mr. S agreed to deliver a specific horse on August 30, 2018 to Mr. B. Today is September 2, 2018
and Mr. S has not yet delivered the specific horse. Mr. S is now said to be in:
a. Legal delay
b. Ordinary delay
c. Both A and B
d. None of the above