The 5 Elements of the Highly Effective Debt Collector: How to Become a Top Performing Debt Collector in Less Than 30 Days!!! the Powerful Training System for Developing Efficient, Effective & Top Performing Debt Collectors
Statement I: If notice of non-payment by the drawee bank is not sent to the
maker or drawer, then the presumption or prima facie evidence of knowledge of insufficiency of funds cannot arise Statement II: The presumption of knowledge of insufficiency of funds or credit does not lie when the check is presented after 90 days from the date of the checkRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 3.What is the possible maximum deposit insurance coverage if a depositor has several valid single accounts and valid joint accounts in a closed bank?Required to answer.Single choice. (1 Point) P1,000,000 P500,000 P750,000 P1,500,000 4.What is the minimum retention period of all records of customer identification and transaction documents of their customers by a covered person under Anti- Money Laundering Law?Required to answer.Single choice. (1 Point) At least 1 year from the date of transaction or from date of closure of the account At least 3 years from the date of transaction or from date of closure of the account At least 5 years from the date of transaction or from date of closure of the account At least 10 years from the date of transaction or from date of closure of the account 5.It means the unpaid balance of money or its equivalent received by a bank in the usual course of business and for which it has given or is obliged to give credit to a commercial, checking, savings, time or thrift account, evidenced by a passbook, certificate of deposit, or other evidence of deposit issued in accordance with Bangko Sentral ng Pilipinas rules and regulations and other applicable laws, together with such other obligations of a bankRequired to answer.Single choice. (1 Point) Insured deposit Insured bank Disputed claim Deposit 6.What is the quantum of evidence required for conviction of criminal offense involving violation of BP 22 for issuance of worthless checks?Required to answer.Single choice. (1 Point) Probable cause or prima facie evidence Clear and convincing evidence Preponderance of evidence Proof of beyond reasonable doubt 7.Statement I: B.P. 22 punishes the issuance of a bouncing check and not the purpose for which it was issued or terms and conditions relating to its issuance Statement II: The issue of lack of valuable consideration for the issuance of checks which were later on dishonored for insufficient funds is immaterial to the success of a prosecution under B.P. 22Required to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 8.Which of the following is not a predicate crime of Money Laundering Offense? Required to answer.Single choice. (1 Point) Voyeurism Smuggling Extortion Homicide 9.The following are predicate crimes that may authorize Anti-Money Laundering Council to inquire bank accounts even without court order from Court of Appeals, exceptRequired to answer.Single choice. (1 Point) Drug Trafficking Hijacking Carnapping Kidnapping for Ransom 10.The maker’s knowledge of the insufficiency of his funds is presumed from the dishonor of his check for insufficiency of funds, except: I. When the check is presented after 90 days from the date of the check II. When the maker or drawer pays the holder thereof the amount due thereon or makes arrangements for payment in full by the drawee of such check within 5 banking days after receiving notice that such check has not been paid by the draweeRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 11.Statement I: It shall be unlawful for any official or employee of a banking institution to disclose to any person any information concerning deposits Statement II: The Secrecy of Bank Deposit Account does not prohibit attachment or garnishment of bank accounts, which does not involve revealing specific information of depositsRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 12.Under Republic Act No. 1405, the following instruments are considered absolutely confidential in nature, exceptRequired to answer.Single choice. (1 Point) a. Savings deposit b. Time Deposit c. Current Account or Demand Account d. Money market placement or Telegraphic Notes or Telegram notes 13.The following are predicate crimes that may authorize Anti-Money Laundering Council to inquire bank accounts even without court order from Court of Appeals, exceptRequired to answer.Single choice. (1 Point) a. Murder b. Financing of Terrorism, Terrorism and conspiracy to commit terrorism c. Destructive arson d. Plunder 14.Under Republic Act No. 1405 a.k.a. Philippine Peso Deposit Secrecy Law, the bank deposits and investment in government bonds may be inquired into in the following exceptional instances, exceptRequired to answer.Single choice. (1 Point) Upon written permission or consent in writing by the depositor In cases of impeachment of the President, Vice President, members of the Supreme Court, members of the Constitutional Commission (Commission on Elections, Civil Service Commission and Commission on Audit) and the Ombudsman for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust (Art. XI, Sec. 2, 1987 Philippine Constitution) Upon order of a competent court in cases of bribery or dereliction of duty of public officials In cases of tax evasion cases filed by BIR Commissioner against a taxpayer 15.What is the penalty for violation of BP 22 or Bouncing Checks Law?Required to answer.Single choice. (1 Point) Imprisonment of not less than 60 days but not more than (2) years or Fine of not less than but not more than double the amount of the check which fine shall in no case exceed Three Hundred Thousand Pesos or both imprisonment and fine Imprisonment of not less than 30 days but not more than (1) year or Fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos or both imprisonment and fine Imprisonment of not less than 90 days but not more than (3) years or Fine of not less than but not more than double the amount of the check which fine shall in no case exceed Four Hundred Thousand Pesos or both imprisonment and fine Imprisonment of not less than 120 days but not more than (4) years or Fine of not less than but not more than double the amount of the check which fine shall in no case exceed Five Hundred Thousand Pesos or both imprisonment and fine 16.What is the quantum of evidence required to sue or file a criminal case for criminal offense involving violation of BP 22 for issuance of worthless checks? Required to answer.Single choice. (1 Point) Probable cause or prima facie evidence Clear and convincing evidence Preponderance of evidence Proof of beyond reasonable doubt 17.What is the maximum period for payment by PDIC to depositors of their claims from a closed bank in order not to make PDIC’s office liable for failure to pay due to grave abuse of discretion, gross negligence, bad faith or malice? Required to answer.Single choice. (1 Point) Within 3 months from the date of filing of deposit insurance claim to PDIC Within 6 months from the date of filing of deposit insurance claim to PDIC Within 1 year from the date of filing of deposit insurance claim to PDIC Within 2 years from the date of filing of deposit insurance claim to PDIC 18.Which of the following is not a duty of a drawee bank under BP 22?Required to answer.Single choice. (1 Point) If there are no sufficient funds in or credit with such a drawee bank regarding such check, such fact shall always be explicitly stated in the notice of dishonor or refusal to be given by the drawee bank Notwithstanding receipt of an order to stop payment from the drawer of check, the drawee bank shall state in the notice that there were no sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact The drawee bank shall report the act of issuance of worthless check to AMLC even if the amount does not exceed the quantitative threshold to be considered covered transaction When refusing to pay the check to the holder thereof upon presentment, to cause to be written, printed or stamped in plain language thereon, or attached thereto, the reason for drawee’s dishonor or refusal to pay the same 19.The following are the exceptional cases when the BIR Commissioner may inspect bank deposits, exceptRequired to answer.Single choice. (1 Point) When there is application of compromise liability by a taxpayer on the ground of financial incapacity To determine the gross estate for computation of estate tax’s liability When a request for tax information of specific taxpayers made by a foreign tax authority pursuant to a tax treaty under The Exchange of Information on Tax Matter Act of 2009 To determine the taxable income of politicians 20.Statement I: The receiver shall have the authority to facilitate and implement the purchase of the assets of the closed bank and the assumption of its liabilities by another insured bank, without need for approval of the liquidation court Statement II: The assets gathered by the receiver shall be evaluated and verified as to their existence, ownership, condition and other factors to determine their realizable valueRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 21.Which of the following credits may not be escheated in favor of the state under Unclaimed Balances Law?Required to answer.Single choice. (1 Point) Telegraphic note Demand draft Deposit Money 22.An act penalizing the making or drawing and issuance of a check without sufficient funds or creditRequired to answer.Single choice. (1 Point) Republic Act No. 22 Presidential Decree No. 22 Batas Pambansa Blg. 22 BSP Publication No. 22 23.Which of the following is not a predicate crime of Money Laundering Offense? Required to answer.Single choice. (1 Point) Fencing Swindling Illegal recruitment Bigamy 24.Statement I: Upon the designation of the PDIC as receiver of a closed bank, it shall serve a notice of closure to the highest-ranking officer of the bank present in the bank premises, or in the absence of such officer, post the notice of closure in the bank premises or on its main entrance Statement II: The receiver shall have authority to use reasonable force, including the authority to force open the premises of the bank, and exercise such acts necessary to take actual physical possession and custody of the bank and all its assets, records, documents and take charge of its affairs upon the service of the notice of closureRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 25.Statement I: Where there are no sufficient funds in or credit with the drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusal, a mere oral notice or demand to pay would appear to be insufficient for conviction under the law Statement II: The full payment of the amount appearing in the check within 5 banking days from notice of dishonor is a complete defenseRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 26.Statement I: The crime under Art. 315 par 2 (d) of the Revised Penal Code is mala in se. Statement II: The crime under Art. 315 par 2 (d) of the Revised Penal Code requires mens rea.Required to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 27.S is the creditor of B. Upon demand, B failed to pay S; thus, the latter filed a case against the former. B had a savings account with Sea Bank. Subsequently, the court ordered that B’s account be garnished the amount of P100,000 to satisfy the judgment in favor of S. B complained that the garnishment violated the Secrecy of Bank Deposit Act. DecideRequired to answer.Single choice. (1 Point) B is correct because in the process of garnishment, the information about his savings account is divulge to the public B is correct because the Bank Secrecy Law protects the disclosure of the existence of bank accounts of depositors B is not correct because peso deposits may be garnished, and Sea Bank can comply with the order of garnishment without violating the Secrecy of Bank Deposit Act B complaint is meritorious because peso deposits may not be garnished 28.Which of the following is punishable act under BP 22 also known as Bouncing Checks Law? a. Any person who (a) makes or draws and issues any check to apply on account or for value, (b) knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, (c) which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment b. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank c. Either A or B d. Both A and BRequired to answer.Single choice. (1 Point) Any person who (a) makes or draws and issues any check to apply on account or for value, (b) knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, (c) which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank Either Neither 29.It refers to a type of transaction that shall be reported by a covered person to the Anti-Money Laundering Council because the transaction breaches the quantitative threshold of reporting purposesRequired to answer.Single choice. (1 Point) Suspicious transaction Reportable transaction Exempted transaction Covered transaction 30.Under Foreign Currency Deposit Act of the Philippines or R.A. No. 6426, what is the only exception for the absolutely confidential nature of Foreign Currency Bank Deposits?Required to answer.Single choice. (1 Point) Upon written permission or consent in writing by the depositor In cases of impeachment of the President, Vice-President, members of the Supreme Court, members of the Constitutional Commission (Commission on Elections, Civil Service Commission and Commission on Audit) and the Ombudsman for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust. (Art. XI, Sec. 2, 1987 Philippine Constitution) Upon order of a competent court in cases of bribery or dereliction of duty of public officials In cases where the money deposited or invested is the subject matter of the litigation 31.Statement I: What B.P. 22 punishes is the issuance of a bouncing check and not the purpose for which the check was issued Statement II: What B.P. 22 punishes is the issuance of a bouncing check and not the non-payment of an obligation, or the terms and conditions of its issuanceRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 32.Statement I: Whenever the Solicitor General be informed of such unclaimed balances, he shall commence an action or actions in the name of the People of the Republic of the Philippines in which shall be joined as parties the bank, building and loan association or trust corporation, and all such creditors or depositors Statement II: Upon the trial, the court must hear all parties who have appeared therein, and if it be determined that such unclaimed balances in any defendant bank, building and loan association, or trust corporation are unclaimed, then the court shall render judgment in favor of the Government of the Republic of the Philippines, declaring that said unclaimed balances have been escheated to the Government of the Republic of the Philippines and commanding said bank, building and loan association or trust corporation to forthwith deposit the same with the Treasurer of the Philippines to credit of the Government of the Republic of the PhilippinesRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 33.They include credits or deposits of money, bullion, security or other evidence of indebtedness of any kind, and interest thereon with banks in favor of any person known to be dead or who has not made further deposits or withdrawals during the preceding ten (10) years or moreRequired to answer.Single choice. (1 Point) Dormant accounts Dead accounts Unclaimed balances Closed deposits 34.Which of the following is a predicate crime of Money Laundering Offense? a. Violation of BP 22 a.k.a. Bouncing Check Law b. Violation of Electronic Commerce Act of 2000 a.k.a. RA No. 8792 c. Violation of RA 112343 a.k.a. Revised Corporation Code of the Philippines d. Violation of Data Privacy ActRequired to answer.Single choice. (1 Point) Violation of BP 22 a.k.a. Bouncing Check Law Violation of Electronic Commerce Act of 2000 a.k.a. RA No. 8792 Violation of RA No. 112343 a.k.a. Revised Corporation Code of the Philippines Violation of Data Privacy Act a.k.a. RA No. 10173 35.As a general rule, which type of bank deposit may not be subject to attachment, execution or garnishment?Required to answer.Single choice. (1 Point) Philippine Peso Bank Deposit Foreign Currency Bank Deposit Both Neither 36.It means the amount due to any bonafide depositor for legitimate deposits in an insured bank as of the date of closure but not to exceed P500,000Required to answer.Single choice. (1 Point) Insured bank Insured deposit Disputed claim Deposit 37.Which of the following is not part of minimum customer identification to be required by a covered person from its client or customer?Required to answer.Single choice. (1 Point) Name of customer, date and place of birth and Present and permanent address Nationality of customer Name of all relatives of customer Nature of work and name of employer 38.Statement I: The severity of the penalty for the the crime under Art. 315 par 2 (d) of the Revised Penal Code is dependent on the amount stated on the check. Statement II: The crime under Art. 315 par 2 (d) of the Revised Penal Code can be defeated by good faith.Required to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 39.In the management and/or conversion of the assets of the closed bank, the receiver shall have the authority to I. Conduct a physical or ocular inspection of the properties owned by, or mortgaged to, the closed bank, to determine their existence and present condition II. Determine the disposal price of assets in accordance with generally accepted valuation principles, standards and practicesRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 40.They refer to money or funds place with a bank that can be withdrawn on the depositor’s order or demandRequired to answer.Single choice. (1 Point) Deposits Trust funds Money market placements Deposit substitutes 41.The following are required to be reported to the Anti-Money Laundering Council (AMLC) as they are covered transactions, exceptRequired to answer.Single choice. (1 Point) Any transaction in cash or other equivalent monetary instrument involving a total amount in excess of P500,000 within 1 banking day Jewelry dealers in precious stones, who, as a business, trade in precious stones, for transactions in excess of P1,000,000 The Land Registration Authority and all its Registries of Deeds to submit to the AMLC, reports on all real estate transactions involving an amount in excess of P500,000 within 15 days from the date of registration of the transaction, in a form to be prescribed by the AMLC None of the above 42.What is the minimum number of days for maintaining a balance in the checking account to cover the check he issued for the drawer to be exempted from conviction for violation of BP 22?Required to answer.Single choice. (1 Point) A period of at least 90 days from the maturity date of check A period of at least 120 days from the maturity date of check A period of at least 150 days from the maturity date of check A period of at least 180 days from the maturity date of check 43.Which of the following is not an element of violation of BP 22 for issuance of worthless check or no sufficient fund (NSF) check?Required to answer.Single choice. (1 Point) There must be knowledge of the maker, drawer, or issuer that at the time of issue, he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment There must be criminal intent to defraud on the part of the drawer of the check There must be subsequent dishonor of the check by the drawee bank for insufficiency of funds or creditor dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment There must be making, drawing, and issuance of any check to apply for account or for value 44.What is the prima facie evidence of the knowledge of insufficiency of funds or credit by the maker or drawer of a check?Required to answer.Single choice. (1 Point) The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (120) days from the date of the check The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (90) days from the date of the check The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (60) days from the date of the check The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within (30) days from the date of the check 45.It refers to a type of transaction that shall still be reported by a covered person to the Anti-Money Laundering Council even if the transaction does not breach the quantitative threshold for reporting purposes by reason of the unusual nature of the transactionRequired to answer.Single choice. (1 Point) Suspicious transaction Reportable transaction Exempted transaction Covered transaction 46.Which of the following is insured by PDIC?Required to answer.Single choice. (1 Point) Investment in bonds issued by government Investment in stocks of a private corporation Trust account Demand or Checking account 47.Statement I: Whenever upon examination by the PDIC into the condition of any insured bank, it shall be disclosed that an insured bank or its directors or agents have committed, are committing or about to commit unsafe or unsound practices in conducting the business of the bank, or have violated, are violating or about to violate any provisions of any law or regulation to which the insured bank is subject, the Board of Directors shall submit the report of the examination to the Monetary Board to secure corrective action thereon Statement II: Each insured bank shall keep and maintain a true and accurate record or statement of its daily deposit transactions consistent with the standards set by the Bangko Sentral ng Pilipinas and the PDICRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 48.As an exception to the general rule, which court has original jurisdiction to try money laundering cases committed by public officers with salary grade of at least 26 and private persons in conspiracy with such public officers?Required to answer.Single choice. (1 Point) Municipal trial court Court of Tax Appeals Sandiganbayan Regional Trial Court 49.Statement I: A joint account regardless of whether the conjunction ‘and’, ‘or’, ‘and/or’ is used, shall be insured separately from any individually-owned deposit account Statement II: That the aggregate of the interest of each co-owner over several joint accounts, whether owned by the same or different combinations of individuals, juridical persons or entities, shall likewise be subject to the maximum insured deposit of P500,000Required to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 50.Statement I: Covered institutions shall establish and record the true identity of its clients based on official documents Statement II: All records of all transactions of covered institutions shall be maintained and safely stored for 5 years from the date of transactionsRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 51.What is the mode of payment by PDIC of claims of depositors from a closed bank?Required to answer.Single choice. (1 Point) By cash By making available to each depositor a transferred deposit in another insured bank in an amount equal to insured deposit of such depositor Neither Either 52.Statement I: PDIC may require proof of claims to be filed before paying the insured deposits Statement II: In any case, where PDIC is not satisfied as to the viability of a claim for an insured deposit, it may require final determination of a court of competent jurisdiction before paying such claimRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 53.Statement I: If the account is held jointly by two or more natural persons, or by two or more juridical persons or entities, the maximum insured deposit shall be divided into as many equal shares as there are individuals, juridical persons or entities, unless a different sharing is stipulated in the document of deposit Statement II: If the account is held by a juridical person or entity jointly with one or more natural persons, the maximum insured deposit shall be presumed to belong entirely to such juridical person or entityRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 54.Statement I: Under Art. 315 par 2 (d) of the Revised Penal Code, the crime can be committed by issuing a check in substitution of a previously issued promissory note. Statement II: Under Art. 315 par 2 (d) of the Revised Penal Code, the crime can be committed by issuing a check in as a guarantor not as a principal debtorRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 55.Statement I: The Philippine Deposit Insurance Corporation (PDIC) shall insure the deposits of all banks Statement II: The PDIC shall promote and safeguard the interests of the depositing public by providing insurance coverage on all insured deposits and helping maintain a sound and stable banking systemRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 56.Which of the following disclosures will be considered a violation of Philippine peso deposit secrecy law?Required to answer.Single choice. (1 Point) Turn-over by authorized bank officials to the BIR Commissioner of the amount in bank accounts as may be sufficient to satisfy the writ of garnishment issued to collect delinquent taxes Reporting of unclaimed balances of a bank deposit to the Treasurer of the Philippines or Bureau of Treasury by authorized bank officials Disclosure by a bank officer or employee upon order of a competent court in connection with a deposit in a closed bank that was used in the perpetration of anomalies Using of insider information about the bank deposits by bank employees in order to determine the credit rating or credit standing of their depositors for purpose of offering credit cards 57.Statement I: Under Art. 315 par 2 (d) of the Revised Penal Code, the crime can be committed either by postdating a check or issuing a check in payment of an obligation. Statement II: The full payment of the amount appearing in the check within 3 days from notice of dishonor is a defense in a prosecution for Estafa nuder Art. 315 par 2 (d) of the Revised Penal CodeRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 58.Statement I: Batas Pambansa Blg. 22 does not make a distinction as to whether the bad check is issued in payment of an obligation or to merely guarantee an obligation Statement: The essence of B.P. Blg. 22 is the issuance of a check, not the non-payment of an obligationRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 59.What is the penalty provided by R.A. No. 6426 for violation of confidentiality of foreign currency deposit act of the Philippines?Required to answer.Single choice. (1 Point) Imprisonment of not less than 1 year nor more than 5 years or fine not less than P5,000 but not more than P25,000 or both imprisonment and fine Imprisonment of not less than 2 years nor more than 10 years or fine not less than P10,000 but not more than P50,000 or both imprisonment and fine Imprisonment of not less than 3 years nor more than 15 years or fine not less than P20,000 but not more than P100,000 or both imprisonment and fine Imprisonment of not less than 4 year nor more than 20 years or fine not less than P50,000 but not more than P500,000 or both imprisonment and fine 60.Which of the following institutions is not covered by Act No. 3936 also known as Unclaimed Balances Law?Required to answer.Single choice. (1 Point) Banks Non-stock savings and loans association Trust companies Mutual building and loans association 61.Under Republic Act No. 1405, what is the nature of bank deposit and investment in government bonds?Required to answer.Single choice. (1 Point) As a general rule, they are absolutely confidential in nature As a general rule, they are generally subject to any type of inspection They are exempted from any type of inquiry None of the above 62.Statement I: Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity Statement II: Any proceeding relating to the unlawful activity shall be given precedence over the prosecution of the offense of money launderingRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 63.In case of bouncing check issued on behalf of an artificial being or juridical person, who shall be criminally liable for imprisonment?Required to answer.Single choice. (1 Point) Juridical person Corporate officer who signed the bouncing check Either Neither 64.Which of the following is not a suspicious transaction as described in the AMLA?Required to answer.Single choice. (1 Point) Transaction that may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under AMLA Transaction is any way related to an unlawful activity or any money laundering activity or offense that is about to be committed, is being or has been committed Transaction that deviates from the client’s transactions with the covered person Transaction entered into in the ordinary course of business of the client 65.Statement I: The unclaimed balances, together with the increase and proceeds thereof, shall be deposited with the Treasurer of the Philippines to the credit of the Government of the Republic of the Philippines Statement II: All banks, building and loan associations, and trust corporations shall forward to the Treasurer of the Philippines a statement, under oath, of their respective managing officers, of all credits and deposits held by them in favor of persons known to be dead, or who have not made further deposits or withdrawals during the preceding ten years or moreRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 66.P is unemployed; however, he is suspected to be a drug lord. P has never been charged or convicted of any crime. He has several bank accounts and purchased several houses and lots from B amounting to P100,000,000. After that, the Register of Deeds reported his purchases to the Anti-Money Laundering Council (AMLC). Upon request of the AMLC, Sea Bank disclosed to it P’s bank deposits. Subsequently, P was charged in court for violation of the Anti-Money Laundering Law. Did Sea Bank violate the Secrecy of Bank Deposit Act in disclosing P’s bank account to the AMLC?Required to answer.Single choice. (1 Point) No. Sea Bank did not violate the Secrecy of Bank Deposit Act because it is one of the obligation of banks to disclose bank accounts if public interest requires it Yes. Sea Bank violated the Secrecy of Bank Deposit Act since it is absolutely prohibited from disclosing bank accounts Yes. Sea Bank violated the Secrecy of Bank Deposit Act since it can disclose bank accounts only upon the request of the Supreme Court No. Sea Bank did not violate the Secrecy of Bank Deposit Act. A bank is obliged to report to the AMLC covered and suspicious transactions 67.One method of preventing money laundering is customer identification. The following are the rules with regard to Customer Identification exceptRequired to answer.Single choice. (1 Point) Covered institutions shall establish the true identify of clients based on official documents Maintain a system of verifying true identity of clients Peso and foreign currency non-checking numbered accounts are allowed Anonymous accounts, those under fictitious names and similar accounts are not prohibited 68.Statement I: Under B.P. 22, only a full payment at the time of its presentment or during the five-day period could exonerate one from criminal liability, and that subsequent payments can only affect the civil, but not the criminal liability Statement II: The full payment of the amount appearing in the check within 5 banking days from notice of dishonor is a partial defenseRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 69.Unless changed by the Anti-Money Laundering Council, what is the period for reporting all covered transactions or suspicious transactions by a covered person to Anti-Money Laundering Council?Required to answer.Single choice. (1 Point) Within a period of (5) five working days from the occurrence thereof Within a period of (5) five calendar days from the occurrence thereof Within a period of (15) fifteen working days from the occurrence thereof Within a period of (15) fifteen calendar days from the occurrence thereof 70.As a general rule, what is the threshold amount of the bank deposit to be required to file deposit insurance claims to PDIC?Required to answer.Single choice. (1 Point) Balance of more than P100 Balance of more than P1,000 Balance of more than P10,000 Balance of more than P100,000 71.Statement I: All payments by the PDIC of insured deposits in closed banks partake of the nature of public funds Statement II: The PDIC, in its discretion, may require proof of claims to be filed before paying the insured deposits, and that in any case where the PDIC is not satisfied as to the validity of a claim from an insured deposit, it may require final determination of a court of competent jurisdiction before paying such claimRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 72.How shall the AMLC make decision in the discharge of its functions?Required to answer.Single choice. (1 Point) By majority vote of the three By 1/3 vote of the three By unanimous vote of the three Any of the above 73.X has the following deposit accounts in a closed bank (BPI): X Bakery Business (Sole Proprietorship) Checking Account – BPI-Mandaluyong Branch P300,000 X Savings Deposit – BPI-Taguig City Branch P400,000 X and Y Time Deposit – BPI- Pasig Branch P600,000 X and Z Savings Deposit – BPI-Quezon City Branch P800,000 What is the maximum deposit insurance coverage by PDIC in so far as X is concerned?Required to answer.Single choice. (1 Point) a. P1,000,000 b. P1,200,000 c. P500,000 d. P800,000 74.Which of the following is declared to be the policy of the Government under Republic Act No. 1405 a.k.a. Philippine Peso Deposit Secrecy Law? I. To give encouragement to the people to deposit their money in banking institutions II. To discourage private hoardingRequired to answer.Single choice. (1 Point) Only Statement I Only Statement II Both Statements I and II Neither Statements I nor II 75.Which is false about Foreign Currency Deposit Act also known as R.A. No. 6426?Required to answer.Single choice. (1 Point) The foreign currency deposits maintained abroad by Filipino citizens are not covered by the provisions of this act Depository banks which have been qualified by the Monetary Board to function under expanded foreign currency deposit system are exempt in maintaining the fifteen percent (15%) foreign currency cover for their liabilities in the form of foreign currency deposit with BSP Foreign currency deposits are of absolutely confidential nature, except upon the written permission of the depositor Foreign currency deposits are subject to attachment, garnishment, or any other order or process of the court 76.Which of the following is not considered offense punishable as money laundering?Required to answer.Single choice. (1 Point) Transacting known proceeds of any unlawful activity Converting, transferring, disposing of, acquiring, possessing, moving or using known proceeds of any unlawful activity Concealing, disguising the true nature, source, location, movement, or ownership of known proceeds of any unlawful activity Knowledge of proceeds of any unlawful activity 77.X has the following deposit accounts in a closed bank (BPI): X and Y Savings Deposit – BPI-Quezon City Branch P600,000 X and B Time Deposit – BPI-Taguig City Branch P800,000 X and F Checking Account – BPI-Mandaluyong Branch P900,000 What is the maximum deposit insurance coverage by PDIC in so far as X is concerned?Required to answer.Single choice. (1 Point) a. P1,000,000 b. P1,200,000 c. P500,000 d. P800,000 78.What is the prescriptive period for depositors to file their deposit insurance claims to PDIC from date of takeover by PDIC of a closed bank?Required to answer.Single choice. (1 Point) Within 1 year from PDIC’s takeover of the closed bank Within 2 years from PDIC’s takeover of the closed bank Within 3 years from PDIC’s takeover of the closed bank Within 4 years from PDIC’s takeover of the closed bank 79.Which of the following statements about prosecution of money laundering offenses is false?Required to answer.Single choice. (1 Point) The prosecution of money laundering and the unlawful activity shall proceed independently such that any person may be charged with and convicted of both money laundering and the unlawful activity The elements of money laundering are separate and distinct from the element of the unlawful activity The elements of the unlawful activity, including the identity of the perpetrators and the details of the commission of the unlawful activity, need not be established by proof beyond reasonable doubt in the case for money laundering None of the above 80.Which of the following deposits is not insured by PDIC?Required to answer.Single choice. (1 Point) Certificate of Time Deposit in Philippine National Bank Makati Branch Bank Deposit in Japan Bank Tokyo Branch Savings Deposit in Metrobank Manila Branch Special Savings in Bank of Philippine Islands Taguig Branch 81.Unlawful activity refers to any act or omission or series or combination thereof involving or having direct relation to the followingRequired to answer.Single choice. (1 Point) Kidnapping for ransom under the Revised Penal Code The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) The Anti-Graft and Corrupt Practices Act All of the above 82.What is the quantum of evidence required for awarding of civil damages for issuance of worthless checks?Required to answer.Single choice. (1 Point) Probable cause or prima facie evidence Clear and convincing evidence Preponderance of evidence Proof of beyond reasonable doubt 83.Statement I: Under Art. 315 par 2 (d) of the Revised Penal Code, the crime can be committed by issuing a check in as proof or evidence of indebtedness and not as a in payment of an obligation. Statement II: Under Art. 315 par 2 (d) of the Revised Penal Code, the crime can be committed by if the check is issued by a forger.Required to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 84.This principle means that no administrative, criminal or civil proceedings shall lie against any person for having made a covered transaction report in the regular performance of his duties in good faith, whether or not such reporting results in any criminal prosecution under the AMLA or any other Philippine lawRequired to answer.Single choice. (1 Point) Immunity from suit Tax exemption Safe harbor provision Privity of interest 85.The composition of the Anti-Money Laundering Council are the following exceptRequired to answer.Single choice. (1 Point) Governor of the Bangko Sentral ng Pilipinas Chairman of the Commission on Audit Chairman of the Securities and Exchange Commission Commissioner of the Insurance Commission 86.Statement I: It shall not be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee’s dishonor or refusal to pay the same Statement II: When there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly stated in the notice of dishonor or refusalRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 87.Which of the following is not a predicate crime of Money Laundering Offense? a. Fraudulent practices and other violations of the Securities Regulation Code b. Forgeries and Counterfeiting c. Violations of Intellectual Property Code d. RebellionRequired to answer.Single choice. (1 Point) Fraudulent practices and other violations of the Securities Regulation Code Forgeries and Counterfeiting Violations of Intellectual Property Code Rebellion or Coup d'etat 88.Statement I: Whenever a bank is ordered closed by the Monetary Board, the PDIC shall be designated as receiver and it shall proceed with the takeover and liquidation of the closed bank Statement II: The receiver is authorized to adopt and implement, without need of consent of the stockholders, board of directors, creditors or depositors of the closed bank, any or a combination of (1) conventional liquidation; and (2) purchase of assets and/or assumption of liabilities; as modes of liquidationRequired to answer.Single choice. (1 Point) Only Statement I is true Only Statement II is true Both are true Both are false 89.Under the amendment of PDIC Charter, may PDIC pay the insured deposits of a depositor without netting out depositor’s loan obligation with the closed bank? Required to answer.Single choice. (1 Point) Yes, but only using the closed bank’s records alone Yes, even based on evidence of deposits and not on the closed bank’s recorded loan No, because it will violate of the right to due process of the bank No, because it will violate the principles of legal compensation 90.Which of the following is not a suspicious transaction as described in the AMLA?Required to answer.Single choice. (1 Point) Transaction in which the client is properly identified Transaction in which the amount involved is not commensurate with the business or financial capacity of the client Transaction that has no underlying legal or trade obligation, purpose or economic justification Transaction that deviates from the profile of the client 91.Which of the following inquiries will be considered a violation of Philippine Peso deposit secrecy law?Required to answer.Single choice. (1 Point) a. Periodic inquiry or special examination of bank deposits by BSP to ensure compliance with Anti-Money Laundering Law b. Inquiry of bank deposits by DOJ Secretary for the purpose of persecution of the members of the opposing political party. c. Inquiry of bank deposits by BIR Commissioner in relation to an application for compromise of taxable liability or determination of a decedent’s gross estate under National Internal Revenue Code d. Inquiry or bank deposits by PDIC when there is finding of unsafe or unsound banking practices 92.It occurs whenever a deposit account with an outstanding balance of more than the statutory maximum amount of insured deposit maintained under the name of natural or juridical persons is broken down and transferred into 2 or more accounts in the name/s of natural or juridical persons or entities who have no beneficial ownership on transferred deposits in their names within 120 days immediately preceding or during a declared bank holiday, or immediately preceding a closure order issued by the Monetary Board of the Bangko Sentral ng Pilipinas for the purpose of availing of the maximum deposit insurance coverageRequired to answer.Single choice. (1 Point) Splitting of deposits Division of deposits Separation of deposits Partition of deposits 93.Which act is covered by Republic Act No. 1405 a.k.a. Philippine Peso Deposit Secrecy Law?Required to answer.Single choice. (1 Point) Disclosing the amount of deposit of a judgment debtor to the court sheriff who is executing a garnishment order against him Disclosing the name of the drawer of a check to the payee Disclosing the amount of deposit of a taxpayer to a duly authorized BIR examiner who is examining his income tax liability Disclosing the amount of deposit exceeding P500,000 in one banking day to Anti-Money Laundering Council 94.What is the possible maximum deposit insurance coverage if a depositor has several valid single accounts in a closed bank?Required to answer.Single choice. (1 Point) P1,000,000 P500,000 P750,000 P1,500,000 95.Which type of a bank deposit of impeachable officer may be examined by impeachment court without consent of the impeachable officer?Required to answer.Single choice. (1 Point) Philippine Peso Bank Deposit Foreign Currency Bank Deposit Both Neither 96.What is the effect of payment by PDIC of insured deposits to depositors? Required to answer.Single choice. (1 Point) PDIC may recover from the assets of the closed in so far as the payment made by PDIC is beneficial to depositors PDIC may not recover from the assets of the closed bank if the payment is without the knowledge or against the will of the closed bank PDIC shall be legally subrogated to all rights of depositor against the closed bank to the extent of such payment PDIC may only recover from the assets of the closed bank if the payment is with the consent of the closed bank 97.Which of the following is not considered offense punishable as money laundering? a. Attempting or conspiring to commit money laundering offenses punishable by Anti-Money Laundering Law b. Aiding, abetting, assisting or counseling the commissions of money laundering offenses punishable by Anti- Money Laundering Law c. Performing or failing to perform any acts as a result of which facilitates the commission of money laundering offenses punishable by Anti-Money Laundering Law d. Mere employment in a covered institution required to report suspicious or reportable transactions to Anti-Money Laundering CouncilRequired to answer.Single choice. (1 Point) Attempting or conspiring to commit money laundering offenses punishable by Anti-Money Laundering Law Aiding, abetting, assisting or counseling the commissions of money laundering offenses punishable by Anti-Money Laundering Law Performing or failing to perform any acts as a result of which facilitates the commission of money laundering offenses punishable by Anti-Money Laundering Law Employment in a covered institution required to report suspicious or reportable transactions to Anti-Money Laundering Council 98.Statement I: Under B.P. 22, the prosecution must prove not only that the accused issued a check that was subsequently dishonored, but it must also establish that the accused was actually notified that the check was dishonored and that he or she failed, within five (5) banking days from receipt of the notice, to pay the holder of the check the amount due thereon or to make arrangements for its payment Statement II: The notice of dishonor of check, which must in writing, may be sent to the drawer or maker by the drawee-bank, the holder of the check, or the offended party either by personal delivery or by registered mailRequired to answer.Single choice. (1 Point) Only I is true Only II is true Both are true Both are false 99.S, a reporter, while having a bank transaction, overheard a bank teller informing a co-employee that B, the municipal mayor, has just P10,000 in his bank account and that his next check might probably bounce. S included this information in his newspaper report. Thus, B filed a complaint against S for violation of the Secrecy of Bank Deposits Act. DecideRequired to answer.Single choice. (1 Point) S is liable because bank deposits are absolutely confidential S is not liable because he was in good faith when he overheard the remark of the bank teller to a co-employee S is liable because bank deposits must not be examined, inquired or looked into by any person S, who merely overheard the remark of the bank teller to a co-employee and writing the same in his newspaper report is neither the inquiry nor disclosure contemplated by law 100.What is the penalty provided by law for violation of Republic Act No. 1405 a.k.a. Philippine Peso Deposit Secrecy Law?Required to answer.Single choice. (1 Point) Imprisonment of not more than five years or fine of not more than P20,000 or both imprisonment and fine Imprisonment of not more than ten years or fine of not more than P200,000 or both imprisonment and fine Imprisonment of not more than twenty years or fine of not more than P2,000,000 or both imprisonment and fine Imprisonment of not more than twenty years or fine of not more than P2,000 or both imprisonment and fine
The 5 Elements of the Highly Effective Debt Collector: How to Become a Top Performing Debt Collector in Less Than 30 Days!!! the Powerful Training System for Developing Efficient, Effective & Top Performing Debt Collectors