Regulatory Framework for Business Transaction (RFBT) Questions

EASY ROUND - Question 1

A entered into a contract of sale wherein A will bought a knife with B for PhP3,000. However, A bought the
knife to kill C, his mortal enemy. The contract between A and B is:

A. Valid
B. Rescissible
C. Voidable
D. Void

ANSWER: A.

Reference:

● Art. 1475. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the
object of the contract and upon the price. From that moment, the parties may reciprocally demand performance,
subject to the provisions of the law governing the form of contracts. (Law on Obligation and Contracts)
● Art. 1351. The particular motives of the parties in entering into a contract are different from the cause thereof. (n)
● Hence, the validity of the sale of knife by B to A is not affected by personal intentions of A upon acquiring the
knife.

AVERAGE ROUND –Question 1

In accordance with the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 10708, otherwise
known as the Tax Incentives Management and Transparency Act (TIMTA), all registered business entities
(RBEs) registered with investment promotion agencies (IPA) [e.g., Philippine Economic Zone Authority (PEZA)]
shall file their first annual tax incentives report (ATIR) for all taxable years ended in 2015 on or before
_________?

A. October 15, 2016

B. September 15, 2016
C. October 15, 2017
D. December 30, 2016
E. None of the above

ANSWER: B. SEPTEMBER 15, 2016

Reference:

Implementing Rules and Regulations (IRR) of TIMTA through Joint Administrative Order No. 1-2016, jointly issued by
Department of Finance (DOF) and Department of Trade and Industry (DTI)

DIFFICULT ROUND – Question 1

As defined under Section 3 (f) of Republic Act (RA) No. 9505, this is an entity accredited by the
Bureau of Internal Revenue (BIR), after pre-qualification by the concerned Regulatory Authority.
This entity shall be responsible for overseeing the PERA, whose core functions shall include, but
not limited to: reporting on contributions made to the account, computing the values of
investments, educating the Contributor, enforcing PERA contributions and withdrawal limits,
collecting appropriate taxes and penalties for the government, securing BIR Income Tax Credit
Certificates for the Contributor, consolidating reports on all investments, income, expenses and
withdrawals on the account and ensuring that PERA contributions are invested in accordance
with the prudential guidelines set by the Regulatory Authorities.

A. Executor
 B. Contributor
C. Administrator
D. Manager
E. None of the above

ANSWER: C. ADMINISTRATOR

Reference:

Section 3 (a) of Republic Act (RA) No. 9505, also known as “PERA Act of 2008”

CLINCHER ROUND – Question 1

Republic Act (RA) No. 10845 “Anti-Agricultural Smuggling Act of 2016” considers large-scale agricultural
smuggling of agricultural products as economic sabotage. This is committed by engaging in any of the
following activities stated under Section 3 of RA No. 10845 involving at least one million pesos (PhP
1,000,000) worth of sugar, corn, pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw
state, or which have undergone the simple processes of preparation or preservation for the market, or rice,
with a minimum amount of ten million pesos (PhP10,000,000.00). Which of the following activity/ies is/are not
included within the purview of Section 3 of RA No. 10845?
I. Importing or bringing into the Philippines without the required import permits from the regulatory
agencies;
II. Using import permits or persons, natural or juridical, other than those specifically named in the permit;
III. Using fake, fictitious or fraudulent import permits or shipping documents;
IV. Selling, lending, leasing, assigning, consenting or allowing the use of import permits of corporations,
nongovernment organizations, associations, cooperatives, or single proprietorship by other persons;
V. Misclassification, undervaluation or misdeclaration upon filing of import entry and revenue declaration
with the Bureau of Customs (BoC) in order to evade of the payment rightful taxes and duties due to
the government;
VI. Organizing or using dummy corporations, nongovernment organizations, associations, cooperatives
or single proprietorships for the purpose of acquiring import permits;
VII. Transporting or storing the agricultural product subject to economic sabotage regardless of quantity;
or
VIII. Acting as broker of the violating importer.
IX. All of the above are included under Section 3 of RA No. 10845

ANSWER: IX ONLY
Reference:
Section 3 of RA No. 10845 provides that large-scale agricultural smuggling as economic sabotage, involving sugar, corn,
pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw state, or which have undergone the simple
processes of preparation or preservation for the market, with a minimum amount of one million pesos (PhP 1,000,000.00),
or rice, with a minimum amount of ten million pesos (PhP 10,000,000.00), as valued by the Bureau of Customs (BOC), is
committed through any of the following acts:

a) Importing or bringing into the Philippines without the required import permit from the regulatory agencies;
b) Using import permits of persons, natural or juridical, other than those specifically named in the permit;
c) Using fake, fictitious or fraudulent import permits or shipping documents;
d) Selling, lending, leasing, assigning, consenting or allowing the use of import permits of corporations,
nongovernment organizations, associations, cooperatives, or single proprietorships by other persons;
e) Misclassification, undervaluation or misdeclaration upon the filing of import entry and revenue declaration with the
BOC in order to evade the payment of rightful taxes and duties due to the government;
f) Organizing or using dummy corporations, nongovernment organizations, associations, cooperatives, or single
proprietorships for the purpose of acquiring import permits;
g) Transporting or storing the agricultural product subject to economic sabotage regardless of quantity; o

Acting as broker of the violating importer.

RFBT Questions

EASY ROUND – Question 1

In the province, a farmer couple borrowed money from the local merchant. To guarantee payment, they left the
Torrens Title of their land with the merchant, for him to hold until they pay the loan. There is a:

A. Contract of pledge
B. Contract of mortgage
C. Contract of antichresis
D. Contract of simple loan

ANSWER: D.

Reference:

● Contract of pledge - There is no pledge because only movable property may be pledged (Article 2094). If at all, there
was a pledge of the paper or document constituting the Torrens Title, as a movable by itself, but not of the land which
the title represents.
● Contract of mortgage - There is no mortgage because no deed or contract was executed in the manner required by
law for a mortgage (Articles 2085 to 2092).
● Contract of antichresis - There is no contract of antichresis because no right to the fruits of the property was given to
the creditor (Article 2132).

EASY ROUND – Question 2

Which of the following is not a valid ground for revocation of donation:

A. Birth of a donor’s child or children (legitimate, legitimated, or illegitimate) after the donation, even
though born after his death
B. When the donee fails to comply with any of the conditions which the donor imposed upon the donee.
C. Appearance of a donor’s nephew or niece who is missing and thought to be dead by the donor
D. If he unduly refuses him support when the donee is legally or morally bound to give support to the
donor

ANSWER: C.

Reference:

● Under Article 760 (1) of the Civil Code of the Philippines, every donation inter vivos, made by a person having no
children or descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or
reduced as provided that the donor, after the donation, should have legitimate or legitimated or illegitimate
children, even though they be posthumous;.
● Under Article 764 of the same Code, the donation shall be revoked at the instance of the donor, when the donee
fails to comply with any of the conditions which the former imposed upon the latter.
● Under Article 765 (3) of the same Code, The donation may also be revoked at the instance of the donor, by
reason of ingratitude, if he unduly refuses him support when the donee is legally or morally bound to give support
to the donor.

Note: Once a donation is perfected, it cannot be revoked without the consent of the donee except on grounds provided by
law 

AVERAGE ROUND – Question 1

Harvey and Mike entered into a universal partnership of all present property. At the time of their agreement.
Harvey had a four-door apartment which he inherited from his parents 3 years before the formation of the
partnership. Mike on the other hand had a fish pond which he acquired by dacionenpago. During the first year
of their partnership, rentals collected in the apartment amounted to PhP 50,000; while fish harvested from the
fishpond were sold for PhP 30,000. During the same period, Harvey received by way of donation, a Ferrari car
from his uncle who is a Grab driver. Mike on the other hand purchased a Vacant lot. The partnership has a
stipulation that future property shall belong to the partnership. Which of the following property does not belong
to the common fund of the partnership?

A. Four-door apartment and Ferrari Car

B. Ferrari car only
C. Vacant Lot and Ferrari Car
D. None of the above

ANSWER: B
Reference:
● According to Article 1778 of the Civil Code of the Philippines, the following properties shall belong to the common
fund under the Universal Partnership of all Present Property:
a. Property belonging to the partners at the time of the constitution of the partnership. (Four-door apartment
and Fish pond)
b. Profits that may be acquired from the present property (Rentals of PhP 50,000 and Fish Sales of PhP
30,000)
c. Properties acquired by the partnership after the formation of the partnership but only if stipulated.
● The property itself except that the stipulation shall not includeproperty acquired by inheritance, legacy, or
donation.
● The profits and fruits therefrom including those from property acquired by inheritance, legacy or donation.

The Vacant lot shall still belong to the common fund since there is a stipulation that future property shall belong to the
partnership. The Ferrari car on the other hand shall not form part of the common fund since it is acquired after the
formation of the partnership thru donation.

AVERAGE ROUND – Question 2

In two separate documents signed by A, he “obligated” himself each to B and C, thus:

“To B, my true love, I obligate myself to pay you my one and only car when I feel I like it. “ and
“To C, my true sweetheart, I obligate myself to pay you the P 1M I owe you when I feel I like it.”

In which of the two obligations is A liable?

A. A is liable to B because his written promise to give his car makes it enforceable
B. A is not liable to B because the obligation is void being one with a void potestative condition
C. A is liable to C because the obligation is one with a suspensive condition which is valid.
D. A is liable to C because the obligation is one with a period which depends upon the will of the debtor.

ANSWER: D.

Reference:

First, the document signed by A which pertains to B, is not a valid obligation because the same is subject to a suspensive
condition which is potestative in nature. The instrument therefore doesn’t make A liable to B. Thereby, rendering Item I not
the possible answer. The provision below amplifies this explanation.

Article 1182 of the Civil Code provides that “When the fulfillment of the condition depends upon the sole will of the debtor,
the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall
take effect in conformity with the provisions of this Code. (1115)”

Second, the document signed by A which pertains to C, is a valid obligation, making A liable to C under the
circumstances. However, the same obligation is subject to a period.

Article 1193 of the Civil Code provides that “Obligations for whose fulfillment a day certain has been fixed, shall be
demandable only when that day comes.

Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.
A day certain is understood to be that which must necessarily come, although it may not be known when.

If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the
rules of the preceding Section. (1125a)”

The timing of payment of an obligation although not mentioned expressly must necessarily come, therefore making the
obligation in the second statement above subject to a period.

Based on the foregoing rationale, Item III can’t be the possible answer.

Among II and IV the best answer would be IV since; II is not a responsive answer to the question at hand.

DIFFICULT ROUND – Question 1

The operations and activities of banks shall be subject to the supervision of the BangkoSentralincludes the
following except:

A. Inquiring into the solvency and liquidity of the institution

B. The conduct of examination to determine compliance with laws and regulations if the circumstances so
warrant as determined by the Monetary Board
C. The issuance of rules of, conduct or the establishment standards of operation for uniform application to
all institutions or functions covered, taking into consideration the distinctive character of the operations
of institutions and the substantive similarities of specific functions to which such rules, modes or
standards are to be applied
D. Examining an enterprise which is wholly or majority-owned or controlled by the bank

ANSWER: D.

Reference:

● Section 4 of R.A. No. 8791 (An Act Providing for the Regulation of the Organization and Operations of Banks,
Quasi-Banks, Trust Entities and for Other Purposes) states that:

The operations and activities of banks shall be subject to supervision of the BangkoSentral. "Supervision" shall
include the following:

● The issuance of rules of, conduct or the establishment standards of operation for uniform application to all
institutions or functions covered, taking into consideration the distinctive character of the operations of
institutions and the substantive similarities of specific functions to which such rules, modes or standards are
to be applied;
● The conduct of examination to determine compliance with laws and regulations if the circumstances so
warrant as determined by the Monetary Board;
● Overseeing to ascertain that laws and regulations are complied with;
● Regular investigation which shall not be oftener than once a year from the last date of examination to
determine whether an institution is conducting its business on a safe or sound basis: Provided, That the
deficiencies/irregularities found by or discovered by an audit shall be immediately addressed;
● Inquiring into the solvency and liquidity of the institution (2-D); or enforcing prompt corrective action. (n)