RFBT - Mock Final Term Exam

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DLSU-D RFBT_Mock Final Term Exam
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1. What is the most appropriate type of protection for toy designs of Yoda and R2D2?
• Invention
• Utility Model
• Industrial Design (correct answer, your response)
• None of the above
Points earned: 1 out of 1
2. This is a type of trademark that gives hint at some quality or character of the product at issue
without actually describing the product.
• Coined/Fanciful
• Arbitrary
• Descriptive
• Suggestive (correct answer, your response)
3. The following are the functions of a trademark, EXCEPT:
• Advertising function
• Source identifier
• Quality indicator
• None of the above (correct answer, your response)
4. In Section 21 of R.A. No. 8293 or Intellectual Property Code of the Philippines, an invention
can be patented if it is (1) new or novel, (2) has an inventive step, and (3) _______.
• A method of performing mental acts, playing games or doing business

• A discovery, scientific theory and mathematical method
• Industrially Applicable (correct answer, your response)
• An Aesthetic creation
5. This intellectual property right protection is given to a composition of lines or colors or any
three dimensional form, giving a special appearance to and can serve as pattern for an
industrial product or handicraft.

• Layout-Design of Integrated Circuit
• Utility Model
• Invention Patent
6. The term of protection for a utility model is:
• 5 years from the date of the filing of the application

• 7 years from the date of the filing of the application (correct answer, your response)
7. What protects the aesthetic features of an article of manufacture?
• Utility models
• Patents
• Copyright
• Trademarks
8. The Philippine Flag is not a registrable mark.
• True (correct answer, your response)

• False
9. The trademark protection allowed by IPOPHL protects the mark only in the Philippines.
• True (correct answer, your response)

• False
10. Z commissioned X and Y to paint a wall at the main lobby of his building. Z provided for the
materials. After the completion of the project, Z fully paid the artists fee X and Y. Who will own
the copyright in the aforesaid painting?
• Only Y owns the copyright.

• Z owns the copyright.
• Only X own the copyright.
• X, Y, and Z own the copyright.
• X and Y own the copyright. (correct answer, your response)
11. To determine whether a trademark has been infringed, we must consider the mark as a whole
and not as dissected. If the buyer is deceived, it is attributable to the marks as a totality, not
usually to any part of it.
• a. Holistic test (correct answer, your response)

• b. Dominancy test
• c. Visible test
• d. Vital test
12. A data privacy violation is considered to be large scale if:
• a. the personal information of a least ten (10) persons is harmed

• b. the personal information of at least twenty (20) persons is harmed
c. the personal information of at least one hundred (100) persons is harmed (correct
•
answer, your response)
• d. the personal information of at least one thousand (1, 000) persons is harmed
13. The data processor must report data breaches to the NPC within a period of:
• a. 24 hours
• b. 48 hours
• c. 72 hours (correct answer, your response)
• d. Five days
14. A data subject has the right to access:

I. The address of the personal information controller
II. Sources from which his personal information were obtained.
• a. I only.
• b. II only
• c. Both I and II. (correct answer, your response)
• d. Neither I nor II.
15. Mr. X was admitted in a hospital. He is suffering from difficulty in breathing, high fever, and
fatigue. His symptoms are quickly worsening. The doctor asked his wife as to previous
admissions, but the wife had no idea. Instead, the wife informed the doctor that he was
previously admitted at BCD Hospital and they have the health records of Mr. X. The doctor
called at BCD Hospital disclosed the health records to the doctor. Is there any breach of the
Data Privacy Act with the disclosure?
• a. Yes, because Mr. X did not give her consent.

b. No, because Mr. X’s wife, as his duty authorized representative, gave her consent for the
•
disclosure.
• c. Yes, because health records are considered as sensitive personal information.
d. No, because the processing of the personal information is necessary for purpose of
•
medical treatment. (correct answer, your response)
16. Kris joined the raffle draw of Barry’s Supermarket in the hopes of winning a 42” Smart TV. Kris
indicated her mobile phone number and email address in the form given for the raffle entry.
The form looked simple for Kris. It just contained empty fields to be filled out, the logo of
Barry’s Supermarket, and the grand prizes to be won. However, to her surprise, Kris soon
received multiple promotions from different brands asking her to buy products at a discount.
Her email inbox soon became spammed as well with unwanted promotions. Is it a data privacy
principle violated?
• a. No. Everything is legal.

• b. Yes. The Principle of Proportionality was violated.
• c. Yes. The Principle of Legitimate Purpose was violated.
• d. Yes. The Principle of Transparency was violated. (correct answer, your response)
17. Tanggol, a personal information processor, is charged with the violation of the Data Privacy
Act. The violation consists of two acts. First, Tanggol revealed the salary range of Rigor, an
Administrative Officer III at the Department of Finance. Second, Tanggol, in publishing his
research, disclosed the ages and sexes of the respondents to his survey. Is Tanggol liable for
violation of the Data Privacy Act?
• No. (correct answer, your response)

• Yes, but only as to the first act.
• Yes, but only as to the second act.
• Yes, on both acts.
18. It refers to an individual whose personal information is processed.
• Personal information provider

• Personal information holder
• Data subject (correct answer, your response)
• Data person
• Data base
19. It refers to a person or organization who controls the collection, holding, processing, or use of
personal information, including a person or organization who instructs another person or
organization to collect, hold, process, use, transfer or disclose personal information on his or
her behalf.
• Personal information collector

• Personal information controller (correct answer, your response)
• Personal information manager
• Personal information repository
20. The following are the requisites of Immunity under the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018.
The testimony of said respondent/accused-informant can be substantially corroborated in

•
its material points
• The respondent/accused-informant does not appear to be the most guilty
The respondent/accused-informant has not been previously convicted of a crime involving
•
moral turpitude
• All of the above (correct answer, your response)
21. I. The Report Card survey shall be a holistic tool that will measure effectiveness of the Citizen's
Charter in reducing regulatory burdens and the impact of the human resource systems and
programs in delivering efficient government service.
II. The Report Card survey shall also be used to obtain information and/or estimates of hidden
costs incurred by applicants or requesting parties to access government services which may
include, but is not limited to, bribes and payment to fixers.
• Only I is true
• Only II is true
• Both are true (correct answer, your response)
• Both are false
22. The processing and approval of licenses, clearances, permits, certifications or authorizations
for the installation and operation of telecommunication, broadcast towers, facilities, equipment
and service shall be:
I. a total of 7 working days for those issued by the barangay.

II. a total of 7 working days for those issued by LGUs.
III. a total of 7 working days for those issued by NGAs.
• I only
• I and II only
• II and III only
• I, II, and III (correct answer, your response)
23. I. Business permits shall be valid for a period of 2 years.
II. The city/municipality may have the option to renew business permits within the first month
of the year or on the anniversary date of the issuance of the business permit.
• Only I is true
• Only II is true (correct answer, your response)
• Both are true
• Both are false
24. I. Each agency shall establish a public assistance or complaints desk which shall be set-up to,
among others, effectively receive feedback and monitor customer satisfaction, in a
conspicuous area at their official place of business, where an officer or employee
knowledgeable in frontline services shall at all times be available for consultation and advice.
II. The desk may not be attended to during break time.
• Only I is true (correct answer, your response)

• Only II is true
• Both are true
• Both are false
25. I. The grounds for the denial of request for access to government service must be fair, just,
and reasonable.
II. Any denial of the application or request must have the approval of the immediate
supervisor of the employee or officer who denied the application or request.
• Only I is true
• Only II is true
• Both are true (correct answer, your response)
• Both are false
26. For applications or requests involving activities which pose danger to public health, public
safety, public morals, public policy, and highly technical application, the prescribed processing
time shall in no case be longer than ____ working days or as determined by the government
agency or instrumentality concerned, whichever is shorter.
• 10
• 15
• 20 (correct answer, your response)
• 25
27. All applications or requests submitted shall be acted upon by the assigned officer or employee
within the prescribed processing time stated in the Citizen's Charter which shall not be longer
than _____ working days in the case of simple transactions from the date the request and/or
complete application or request was received.
• one
• two
• three (correct answer, your response)
• four
28. Under the Ease of Doing Business Act. The number of signatories in any document shall be
limited to a maximum of:
• a. Two signatures
• b. Three signatures (correct answer, your response)
• c. Four signatures
• d. Five signatures
29. As a general rule, an employee cannot be compelled to render overtime work because that is
violative of the constitutional injunction against involuntary servitude.
Only in the following cases can an employer compel employees to render overtime work:
War Emergency Situation- when the country is at war or when any other national or local
•
emergency has been declared by Congress or the Chief Executive;
Disaster/Calamity- When overtime work is necessary to prevent loss of life or property, or
in case of imminent danger to public safety due to actual or impending emergency in the
•
locality caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other
disaster or calamity.
Urgent Repairs- When there is urgent work to be performed on machines, installations or
• equipment in order to avoid serious loss or damage to the employer or some other causes
of similar nature;
Preservation of Perishable Goods- When the work is necessary to prevent loss or damage
•
to perishable goods;
Completion of Work- When completion or continuation of work started before the eight
• hour is necessary to prevent serious obstruction or prejudice to the business or operations
of the employer;
Take Advantage of favorable weather conditions- When overtime work is necessary to avail
• of favorable whether or environmental conditions where performance or quality of work is
dependent thereon.
• All of the above answers are correct. (correct answer, your response)
30. May the employer and employee

stipulate that the latter’s regular or basic
salary already includes the overtime pay,
such that when the employee actually
works overtime he cannot claim overtime
pay?
• Answer not given.

No, the employer and employee cannot stipulate that the latter‘s regular or basic salary
•
includes the overtime pay; (correct answer, your response)
Yes, provided there is a clear written agreement knowingly and freely entered into by the
•
employees;
31. Work may be performed beyond eight (8)

hours a day provided that:
Employee is paid for overtime work an additional compensation equivalent to his regular
•
wage plus at least 25% thereof; (correct answer, your response)
•
wage plus at least 30% thereof;
•
wage plus at least 20% thereof;
• None of the above.
32. The following are excluded from the

coverage of Book III of the Labor Code of the
Philippines (Conditions of employment)
except:
• Supervisors (correct answer, your response)

• Field personnel
• Managers
• Employees of government-owned and controlled corporations
33. The workers worked as cargadores at

the warehouse and rice mills of farm A for
several years. As cargadores, they loaded,
unloaded and pilled sacks of rice from the
warehouse to the cargo trucks for delivery
to different places. They were paid by Farm
A on a piece-rate basis. Are the workers
considered regular employees?
a. Yes, because Farm A paid wages directly to these workers without the intervention of
•
any third party independent contractor.
• b. Yes, their work is directly related, necessary and vital to the operations of the farm;
c. No, because Farm A did not have the power to control the workers with respect to the
•
means and methods by which the work is to be accomplished
• d. A and B. (correct answer, your response)
34. Robert, an employee of ABC Company,

is married to Wanda. One day, Wanda
visited the company office with her three (3)
emaciated minor children, and narrated to
the Manager that Robert had been
squandering his earnings on his mistress,
leaving only a paltry sum for the support of
their children. Wanda tearfully pleaded with
the Manager to let her have one half of
Robert's pay every payday to ensure that
her children would at least have food on the
table. To support her plea, Wanda
presented a Kasulatan signed by Robert
giving her one half of his salary, on the
condition that she would not complain if he
stayed with his mistress on weekends.
If you were the Manager, would you release

one half of Robert's salary to Wanda?
• Yes, because it is Robert's duty to financially support his minor children.

No, because an employer is prohibited from interfering with the freedom of its employees
•
to dispose of their wages. (correct answer, your response)
No, because Robert's Kasulatan is based on an illegal consideration and is of doubtful legal
•
validity.
• Yes, because of Robert's signed authorization to give Wanda one half of his salary.
35. An employee with a daily wage of P145 who renders 2-hour overtime work on an ordinary day
will receive__________________.
• A. P180.32
• B. P185.32
• C. P190.32 (correct answer, your response)
• D. P200.32
• E. P175.32
36. Art. 139. Minimum Employment Age- R.A. 7610, as amended by R.A. 7658 & 9231
• A. 21 years old
• B. 7 years old
• C. 13 years old
• D. 18 years old
• E. 15 years old (correct answer, your response)
37. Parental Leave for Solo Parents (R.A. 8972) otherwise known as Solo Parents’ Act of 2000
• A. Parental Leave for 7 working days (correct answer, your response)

• B. Parental Leave for 10 working days
• C. Parental Leave for 15 working days
• D. Parental Leave for 20 working days
• E. Parental Leave for 30 working days
38. Paternity Leave (R.A. 8187)
• A. Leave for 10 days

• B. Leave for 7 days (correct answer, your response)
• C. Leave for 15 days
• D. Leave for 20 days
• E. Leave for 30 days
39. Pursuant to R.A. 11210 known as the Expanded Maternity Leave Act of 2019, MATERNITY
Leave Benefits
-shall be paid daily maternity benefit equivalent to her average daily salary
• A. 30 days normal delivery/78 days caesarean delivery

• B. 60 days normal delivery/90 days caesarean delivery
C. 105 days for live childbirth, regardless of the mode of delivery, and an additional 15
• days paid leave if the female worker qualifies as solo parent under R.A. 8972, or the Solo
Parents’ Welfare Act of 2000 (correct answer, your response)
• D. Answer not given.
40. Holiday pay is _____percent (%) of the regular daily wage.
• A. Fifty percent (50%)

• B. One Hundred percent (100%) (correct answer, your response)
• C. One Hundred Fifty percent (150%)
• D. Two Hundred Fifty percent (250%)
41. ART. 93. Compensation for rest day, Sunday, or holiday work.
(a) Where an employee is made or permitted to work on his scheduled rest day, he shall be
paid an additional compensation of at least ______percent (%) of his regular wage.
• A. Ten percent (10%)

• B. Fifteen percent (15%)
• C. Twenty percent (20%)
• D. Thirty percent (30%) (correct answer, your response)
• E. Thirty-five percent (35%)
42. ART. 87. Overtime work. - Work may be performed beyond eight (8) hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent to his
regular wage plus at least ______ percent (%) thereof.
• A. Twenty-five percent (25%) (correct answer, your response)

• B. Thirty percent (30%)
• C. Twenty percent (20%)
• D. Fifteen percent (15%)
• E. One Hundred percent (100%)
43. The minimum wage rates for agri and non-agri employees and workers shall be those
prescribed by the________________.
• A. Board of Directors
• B. Labor Management Council
• C. Reg’l. Tripartite Wages and Productivity Board (correct answer, your response)
• D. POEA
• E. OWWA
44. I. Hacking or cracking which refers to unauthorized access into or interference in a computer
system/server or information and communication system; or any access in order to corrupt,
alter, steal, or destroy using a computer or other similar information and communication
devices, without the knowledge and consent of the owner of the computer or information and
communications system, including the introduction of computer viruses and the like, resulting
in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic
document.
II. Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation,
use, removal, alteration, substitution, modification, storage, uploading, downloading,
communication, making available to the public, or broadcasting of protected material,
electronic signature or copyrighted works including legally protected sound recordings or
phonograms or information material on protected works, through the use of
telecommunication networks, such as, but not limited to, the internet, in a manner that
infringes intellectual property rights.
• Statement I is true, Statement II is false.

• Statement I is false, Statement II is true.
• Both statements are true. (correct answer, your response)
• Both statements are false.
45. I. No person or party shall be subject to any civil or criminal liability in respect of the electronic
data message or electronic document for which the person or party acting as a service
provider as defined in Section 5 merely provides access if such liability is founded on 1) The
obligations and liabilities of the parties under the electronic data message or electronic
document; and 2) The making, publication, dissemination or distribution of such material or
any statement made in such material, including possible infringement of any right subsisting in
or in relation to such material.
II. Access to an electronic file, or an electronic signature of an electronic data message or
electronic document shall only be authorized and enforced in favor of the individual or entity
having a legal right to the possession or the use of the plaintext, electronic signature or file
and solely for the authorized purposes. The electronic key for identity or integrity shall not be
made available to any person or party without the consent of the individual or entity in lawful
possession of that electronic key.

46. I. If a right is to be granted to, or an obligation is to be acquired by, one person and no other
person, and if the law requires that, in order to effect this, the right or obligation must be
conveyed to that person by the transfer, or use of, a paper document, that requirement is met
if the right or obligation is conveyed by using one or more electronic data messages or
electronic documents unique.
II. If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is
evidenced by, a paper document, that rule shall not be inapplicable to such a contract of
carriage of goods which is evidenced by one or more electronic data messages or electronic
documents by reason of the fact that the contract is evidenced by such electronic data
messages or electronic documents instead of by a paper document.

47. I. Subject to applicable laws and/or rules and guidelines promulgated by the Department of
Trade and Industry with other appropriate government agencies, parties to any electronic
transaction shall be free to determine the type and level of electronic data message and
electronic document security needed, and to select and use or implement appropriate
technological methods that suit their needs.
II. Where the law requires that any action referred to contract of carriage of goods be carried
out in writing or by using a paper document, that requirement is met if the action is carried
out by using one or more data messages or electronic documents.

48. I. “Electronic signature” refers to a secret code which secures and defends sensitive
information that crosses over public channels into a form decipherable only with a matching
electronic key.
II. “Intermediary” refers to a person who in behalf of another person and with respect to a
particular electronic document sends, receives and/or stores or provides other services in
respect of that electronic document.

• Statement I is false, Statement II is true. (correct answer, your response)
• Both statements are true.

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DLSU-D RFBT_Mock Final Term Exam

Points earned: 1 out of 1

Points earned: 1 out of 1

3. The following are the functions of a trademark, EXCEPT:

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• A method of performing mental acts, playing games or doing business

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• Industrial Design (correct answer, your response)

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6. The term of protection for a utility model is:

• 5 years from the date of the filing of the application

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7. What protects the aesthetic features of an article of manufacture?

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8. The Philippine Flag is not a registrable mark.

• True (correct answer, your response)

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• True (correct answer, your response)

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• Only Y owns the copyright.

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• a. Holistic test (correct answer, your response)

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12. A data privacy violation is considered to be large scale if:

• a. the personal information of a least ten (10) persons is harmed

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14. A data subject has the right to access:

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• a. Yes, because Mr. X did not give her consent.

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• a. No. Everything is legal.

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• No. (correct answer, your response)

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18. It refers to an individual whose personal information is processed.

• Personal information provider

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• Personal information collector

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The testimony of said respondent/accused-informant can be substantially corroborated in

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I. a total of 7 working days for those issued by the barangay.

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23. I. Business permits shall be valid for a period of 2 years.

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II. The desk may not be attended to during break time.

• Only I is true (correct answer, your response)

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30. May the employer and employee

• Answer not given.

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31. Work may be performed beyond eight (8)

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32. The following are excluded from the

• Supervisors (correct answer, your response)