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BANKING LAWS
AY 2017-2018 SECOND SEMESTER
b. delivery;
c. indorsement;
d. presentment.
8. It is the production of the bill of exchange to the person required to pay for him to
signify his assent to the order of drawer:
a. presentment for acceptance;
b. presentment for payment;
c. notice of dishonor;
d. protest.
9. Statement A: Negotiability of an instrument is determined from the writing, that is, the
whole of the instrument shall be considered.
Statement B: Acceptance of a bill of exchange is not important in the determination of its
negotiability.
a. only A is true;
b. only B is true;
c. both are true;
d. both are false.
10. A consequence of the doctrine that a negotiable instrument is not legal tender:
a. delivery of a negotiable instrument produces the effect of payment;
b. a creditor may not accept negotiable instrument as payment of obligation;
c. obligations are deemed paid upon receipt of the negotiable instruments;
d. a negotiable instrument is a proof of transaction.
11. A distinctive feature of negotiable instruments:
a. freedom of negotiability;
b. limited negotiability;
c. represent title to goods;
d. accumulation of various contracts.
12. Effect of accumulation of secondary contracts:
a. limits liability of a party;
b. increases probability of default;
c. greater probability of payment;
d. complicates negotiation.
13. One of the following statements is not a factor in the determination of negotiability of
instruments?
a. the entire instrument shall be considered;
b. only what appears on the face of instrument shall be considered;
c. in case of ambiguity, the holder may resort to other documents;
d. the law on negotiable instruments shall be applied.
14. A person who by the terms of the instrument is absolutely required to pay the same:
a. a person secondarily liable;
b. a person subsidiarily liable;
c. a person principally liable;
d. a person who accommodated a party to the instrument.
15. A party either in a promissory note or a bill of exchange:
a. maker;
b. drawer;
c. acceptor;
d. indorser.
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c. promissory note;
d. bank note.
24. Certification of a check is equivalent to an acceptance by the bank, what is the effect
of such certification?
a. it discharges persons secondarily liable if procured by the holder;
b. it operates as an assignment of funds of the drawer in the hands of the drawee;
c. the holder becomes the depositor of the drawee-bank;
d. all of the above;
e. none of the above.
25. The sum certain requirement is met if the holder can calculate or compute from the
instrument itself the amount he is entitled to receive at maturity. Which clause or
stipulation renders uncertain the sum to be paid?
a. with interest or by stated installments;
b. with acceleration clause;
c. with extension clause;
d. all of the above;
e. none of the above.
Mckee.”;
b. “Mrs. Ferrer will oblige Mr. Rowee by paying Ms. Pattie or bearer P1,000.00
on his account. Sgd. Mr. Rowee.”;
c. “I promise to pay on demand P10,000.00 to Parson or order subject to the
terms and conditions of the contract to sell. Sgd. Marco.”;
d. “Pay to Paulo or order P2,000.00 and reimburse yourself from the proceeds of
the sale of my laptop with you. Sgd. Dina”
31. One of the following instances prevents an instrument from being negotiable:
a. The dorsal portion of the instrument contains an indorsement to a specified
person;
b. The instrument is payable to a specified person only;
c. The person to whose order the instrument is payable is non-existent;
d. The instrument is payable to order of a minor.
32. A statement that does not indicate a promise to pay:
a. “Due Mr. Lima P50,000.00;”
b. “I.O.U. P40,000.00 to be paid on May 12, 2013;”
c. “I acknowledge myself to be indebted to Ms. Sembrano in P30,000.00 payable
when called for;”
d. “I recognize my obligation of P20,000.00 to Mr. Taberna due on demand.”
33. Mr. Monroe issued in favor of Ms. Panda a promissory note stating: “I promise to
pay Ms. Panda or order P2,000.00 on or before December 25, 2015 with legal interest. In
case of my failure to pay the principal amount, I agree to pay the collection expenses and
attorney’s fees.” Is the note negotiable?
a. No, the sum payable after maturity is uncertain;
b. Yes, it is payable in a sum certain in money at maturity;
c. No, at maturity, the sum is not certain as the holder has to compute the total
amount due;
d. No, the interest rate and the amounts of collection expenses and attorney’s fees
are not indicated.
34. What phrase does not express a sum certain?
a. “to pay P500.00 or what may be due on my deposit book;”
b. “to pay P500.00 with interest of 2% a month”;
c. “to pay P500.00 in two monthly equal installments beginning January 12,
2013;”
d. “to pay P500.00 on or before January 30, 2013 but may extended for one
month by the maker.”
35. Which of the following instruments is not negotiable?
a. “I promise to pay Superman or bearer P5,000.00. Sgd. Mr. Cruz;”
b. “I assent to pay Mr. Reyes or order P1,000.00. Sgd. Mr. Cruz;”
c. “Good for P3,000.00 to Mr. Lao or order. Sgd. Mr. Cruz;”
d. “I promise to pay Mr. Lee or order the sum of P4,000.00 on May 2.
Sgd. Mr. Cruz;”
36. An instance where promise or order is not unconditional:
a. to pay out of a particular fund;
b. a statement of the transaction which gives rise to the instrument;
c. an indication of a particular fund out of which reimbursement is to be made;
d. a direction to debit a particular account.
37. Equivalent to promise to pay:
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a. due on demand;
b. I guaranty to pay;
c. I agree to pay;
d. all of the above.
38. Which of the following is negotiable?
a. “Pay to the order of Penny P2,000.00 to be taken from my commission. Sgd.
Dr. Weewee. To Dr. Where;”
b. “Pay to Pamela or order P1,000.00 and charge to my account with you. Sgd.
Dr. Weewee. To Dr. Where;”
c. “I promise to pay Peter or order P2,000.00 from the proceeds of the sale of my
house. Sgd. Mr. Ker;”
d. “I promise to pay Paul or bearer P1,000.00 out of my salary. Sgd. Mr. Ker.”
39. In a bill of exchange, there must be an unconditional order to pay by one party to
another. An order is a command or imperative direction. Which of the following is not an
order to pay?
a. “please credit Mr. Payee or order;”
b. “the drawee will much oblige the drawer by paying Mr. Payee;”
c. “let the bearer have;”
d. “I authorize you to pay.”
40. “Bearer” means the person in possession of a bill or a note which is payable to bearer.
Which word is not equivalent to “bearer”?
a. “assignee;”
b. “possessor;”
c. “holder or order;”
d. “to bearer Mr. Payee.”
41. An instrument not payable to bearer:
a. if it is payable to the order of a fictitious person;
b. “pay to payroll;”
c. last indorsement in blank;
d. none of the above.
42. An instrument must be payable at a definite time or at all events, choose the phrase
that is payable at a definite time?
a. “at the earliest possible time after date.”
b. “payable 10 days before Good Friday of 2016;”
c. “payable upon reaching the age of majority;”
d. all of the above.
43. Statement A: As a general rule, an instrument which contains an order or promise to
do any act in addition to the payment of money is not negotiable.
Statement B: A statement in the instrument that “the maker will deliver additional
security to the satisfaction of the holder” impairs negotiability.
Statement C: Giving the holder an election to require something to be done in lieu of
payment of money makes the instrument non-negotiable.
a. only A is true;
b. only B is true;
c. only C is true;
d. all are true;
e. all are false.
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70. Azcona issued a note to Basco. There was a total failure of consideration. Basco
indorsed the note for a consideration to Cruz who is a holder in due course. Cruz
indorsed the note to Diaz who knew of the failure of consideration. Can Diaz successfully
collect from Azcona?
a. No, because Diaz is not a holder in due course;
b. Yes, Diaz acquired the rights of Cruz, a holder in due course and he was not a
party to any illegality;
c. No, because Azcona’s defense is a real defense;
d. Yes, because Diaz acquired the note for a consideration.
71. In which of the following cases is presentment for payment necessary in order to
charge persons secondarily liable?
a. when the drawee is a fictitious person;
b. when there is waiver of presentment for payment;
c. when there is delay caused by circumstances beyond the control of the holder
and not imputable to his default, misconduct or negligence;
d. when the bill of exchange has been dishonored by non-acceptance.
72. The purpose of giving notice of dishonor:
a. to inform the parties secondarily liable that the maker or acceptor has failed to
meet his engagement;
b. to advise parties secondarily liable that they will be required to make
payment;
c. to conform to the rules of international law;
d. a and b only.
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73. Ms. Darra issued in favor of Mr. Peek a check for deposit for a piece of jewelry that
she was supposed to sell. Ms. Darra failed to sell the piece of jewelry so she returned it to
Mr. Peek, the payee, before maturity of the check. The check, however, could no longer
be retrieved as it was already negotiated by Mr. Peek to Mr. Insee. Ms. Darra then
withdrew her funds from the drawee bank. When Mr. Insee presented the check for
encashment, it was dishonored for insufficiency of funds. Is Ms. Darra liable to Mr. Insee
despite the lack of notice of dishonor?
a. no, there was no consideration as the piece of jewelry was returned to Mr. Peek;
b. no, notice of dishonor was required because Ms. Darra was only secondarily
liable;
c. yes, because Ms. Darra could not have expected her check to be honored;
d. yes, Ms. Darra was primarily liable.
74. The following acts discharge the negotiable instrument, except:
a. payment by accommodated party;
b. intentional cancellation of instrument by holder;
c. merger of the rights of creditor and debtor;
d. reacquisition by principal debtor of the instrument as an agent.
75. A makes a note payable to B or order. The following are the indorsers of the note in
the order of their indorsement: B, C, D, E, F (holder), and G (subsequent holder). The
note is dishonored in the hands of F, who notifies B, C, D, and E. Which is not correct?
a. the notice given by F to B operates to the benefit of C D E and G;
b. the notice to C inures to the benefit of D E and G;
c. the notice to C inures to the benefit of B;
d. the notice to D inures to the benefit of E and G;
76. A bill may be addressed to more than one drawee, which of the following is allowed?
a. “to X and Y”;
b. “to A, B, C and D”;
c. “to A or B”;
d. “to X, in his absence, to Y”;
e. a and b only;
f. c and d only.
77. What is the reason why a bill of exchange may not be addressed to two or more
drawees in the alternative or in succession?
a. it is difficult to determine the exact date of the dishonor;
b. the drawees are not partners;
c. the obligation of the drawees once they accept is not absolute;
d. the acceptance of the drawees is subject to condition.
instrument;
c. exists where a person signed an instrument but deceived as to its character
and without knowledge of it;
d. is present in an existing contract as the signer knew what he was signing.
88. Who among the following persons is not primarily liable?
a. maker of a promissory note;
b. drawee of a bill of exchange;
c. acceptor of a bill of exchange;
d. the certifier of a check.
89. By signing the instrument, the drawer, with respect to a bill of exchange, and the
maker, as to a promissory note:
a. unconditionally bind themselves to pay the instrument according to its
tenor;
b. admit the existence of the payee and his then capacity to indorse the
instrument at the time it was executed;
c. engage that on due presentment, the instrument will be accepted or paid, or
both, according to its tenor;
d. engage to pay after certain conditions are complied with.
90. Statement A: The acceptor has the same liability as the maker of the promissory note
and the drawer of the bill with regard to the existence of the payee and the latter’s
capacity to indorse.
Statement B: The drawer can negative, or limit his liability, while the maker may not do
so.
a. only A is correct;
b. only B is correct;
c. both statements are correct;
d. both statements are not correct.
91. The drawee, by accepting the bill, is precluded from asserting a defense that:
a. the drawer is fictitious or non-existent;
b. the drawer’s signature is a forgery;
c. there is want or failure of consideration between the drawer and drawee;
d. the drawer has overdrawn his account;
e. all of the above;
92. Which of the following is not a common warranty for a person negotiating an
instrument by delivery, qualified indorser, irregular indorser, and general indorser?
a. he has no knowledge of any fact which would impair the validity of the
instrument or render it valueless;
b. the instrument is genuine and in all respects what is purports to be;
c. he has good title to it;
d. all prior parties had capacity to contract.
93. What is the effect of want of demand for payment on the principal debtor?
a. the principal debtor in not in default;
b. the person primarily is absolutely liable, thus he may be sued by the holder;
c. waiver of the holder to effect payment;
d. persons secondarily liable are discharged.
94. Presentment means:
a. the production of a bill of exchange to the drawee for his acceptance;
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law.
109. Acceptance for honor, as differentiated from ordinary acceptance:
a. protest is not necessary;
b. the acceptor is a stranger who is secondarily liable;
c. any word indicating acceptance is enough and the consent of the holder
is not necessary;
d. payment in due course by the acceptor discharges the bill as it involves the
entire instrument.
110. Payment by a person primarily liable, as distinguished from payment by honor:
a. there must be protest for non-payment by notarial act;
b. the person who will pay may be any person (a party or a stranger) and payment
discharges only the parties after the party in whose favor payment is made;
c. payment is in favor of a specified person and the law requires that there is a
statement for whose payment is made;
d. the person who will pay is a party and payment in due course discharges the
instrument.
111. What is the effect if an acceptor accepts two or more parts of the bills in set in the
hands of different persons?
a. the acceptor is only liable for one part as bills in set constitute one bill;
b. the acceptor is liable to separate holders in due course;
c. the acceptor is liable to the first holder who will first make the presentment for
payment;
d. the acceptor is not liable because the acceptance is void.
BANKING LAWS:
1. The gravamen of the offense - violation of the Bouncing Check Law (BP 22):
a. fraudulent making and issuance of an unfunded check;
b. the act of making and issuing a worthless check;
c. the issuance of check from a personal account that has no sufficient funds;
d. the making and issuance of a bum check intended for payment.
2. Transactions covered by BP 22:
a. issued as evidence of indebtedness;
b. guarantee;
c. payment of existing obligation;
d. all of the above;
e. a and c only.
3. An element of crime of BP 22:
a. the issuance of a corporate check;
b. knowledge of the maker, drawer, or issuer that at the time of issue, he or she
does not have sufficient funds in or credit with the drawee bank;
c. subsequent dishonor of the check for insufficiency of funds or credit or
dishonor for the same reason had not drawer, without any valid cause,
ordered the bank to stop payment;
d. all are elements of the crime;
e. b and c only.
4. Prima facie knowledge on the part of the maker, drawer or issuer of insufficiency of
funds in or credit with the drawee bank:
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a. when the dishonored check is presented within 90 days from date of check and
the bank has informed the payee of the dishonor;
b. if the bounced check is presented within 90 days from date of check and the
maker or drawer fails to pay in full thereon or to make arrangement with
the drawee bank for that purpose within 5 banking days from notice of
dishonor;
c. if the dishonored check is presented within 30 days from date of issuance and
the maker or drawer failed to pay within 5 banking days from notice;
d. if the dishonored check is presented within 60 days from date of check and the
maker or drawer fails to pay the holder or to make arrangement with the
drawee bank for that purpose within 5 banking days from notice of
dishonor.
5. Function of the Philippine Deposit Insurance Corporation (PDIC):
a. insurer;
b. regulator of banks;
c. receiver and liquidator of closed banks;
d. all answers are functions of PDIC;
e. a and c only.
6. Mr. Bernal has 3 bank accounts: a) in his name alone worth P700,000.00; b) jointly
with Ms. Cabral, P800,000.00; and c) jointly with Ms. Divina, P900,000.00. How much
is the insured deposit of Mr. Bernal?
a. P500,000.00;
b. P750,000.00;
c. P1M;
d. answer not given.
7. One of the following accounts is not allowed to be insured with PDIC:
a. foreign currency deposits of domestic banks;
b. deposits of insured domestic bank at its branch outside the Philippines;
c. bonds and other securities issued by the banks;
d. all are not allowed to be insured.
8. Aside from deposits in banking institutions, this may not be examined, inquired or
looked into by any person unless authorized by law:
a. investments in bonds issued by the government;
b. foreign investment in banks;
c. all securities deposited with the bank;
d. all are covered by the Law on Secrecy of Bank Deposits;
e. only deposits in banks are covered by the law.
9. Which of the following government entities is not allowed to look into bank accounts?
a. Commission on Audit;
b. PDIC;
c. Court of Appeals;
d. Securities and Exchange Commission.
10. Foreign currency deposits with Philippine banks designated by the BSP are
considered:
a. liabilities of the Philippine government;
b. part of the international reserve;
c. obligations of the banks to foreign countries;
d. all answers are correct.
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d. rehabilitation order.
19. A bank that has the authority to exercise, in addition to the powers authorized for a
commercial bank, the powers of an investment house and the power to invest in non-
allied enterprises:
a. commercial bank;
b. thrift bank;
c. universal bank;
d. development bank.
20. These are interest-bearing deposit accounts that combine the payable on demand
feature of checks and investment feature of savings accounts:
a. anonymous or numbered accounts;
b. negotiable order of withdrawal (NOW) accounts;
c. deposit substitutes;
d. time deposits.
21. It means all those liabilities of the BSP and of other banks which are denominated in
Philippine currency and are subject to payment in legal tender upon the presentation of
checks:
a. demand deposits;
b. treasury bills;
c. deposit substitutes;
d. numbered accounts.
22. The total amount of loans, credit accommodations and guarantees that may be
extended by a bank to any person, partnership, association, corporation or other entity
shall at no time exceed:
a. 25% of the net worth of such bank;
b. 10% of the total assets of the bank;
c. 25% of the capital of such bank;
d. 10% of the total liquid assets of the bank.
23. An exception to restriction on bank exposure to directors, officers, stockholders, and
their related interests (DOSRI):
a. if the transaction is with written approval of the majority of all the directors,
excluding the director concerned;
b. transaction under a fringe benefit plan approved by the BSP;
c. transaction approved by at least 2/3 votes of the shareholders;
d. a and c only;
e. a and b only.
24. The BSP may issue an order requiring the financial institution to cease and desist
from conducting business in an unsafe and unsound manner and may further order that
immediate action be taken to correct the conditions resulting from such unsafe or
unsound practice. The following circumstances may be deemed as conducting business in
an unsafe or unsound manner, except:
a. the act or omission has resulted or may result in material loss or damage, or
abnormal risk or danger to the safety, stability, liquidity or solvency of the
institution;
b. the act or omission has resulted or may result in material loss or damage or
abnormal risk to the institution's depositors, creditors, investors,
stockholders or to the BSP or to the public in general;
c. the act or omission has caused any undue injury, or has given any unwarranted
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