RFBT.11 CPA, PCA and GPRA Drill

It is the consumer right to be protected against the marketing of goods or provision of services that are hazardous to health and life.

Choices:

• Right to basic needs

• Right to safety

• Right to information

• Right to choose

• Right to representation

Correct answer: Right to safety

A representation, omission, act or practice is considered deceptive when, except:

Choices:

• it is apparent

• it misleads or is likely to mislead the consumer.

• the consumer's interpretation of it is reasonable under the circumstances.

• the misleading representation, omission, act or practice is material

Correct answer: it is apparent

S1 - The BAC can delegate its conduct of opening and preliminary examination of bids, where discretion and sound judgment is required.

S2 - For the procurement of Infrastructure Projects, the Bidders shall submit their bids in three (3) separate sealed bid envelopes simultaneously, and the first envelope shall contain the Project Requirements.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are false

_____________is an undertaking which states, among others, that the bidder shall enter into contract with the Procuring Entity and furnish the required performance security within ten (10) calendar days, as indicated in the Bidding Documents, from receipt of the Notice of Award, and commits to pay the corresponding amount as fine and be automatically disqualified from bidding of any procurement contract of any Procuring Entity for a period of time, upon receipt of the Blacklisting Order.

Choices:

• Concluded Bid Contract

• Bid Securing Declaration

• Bid Negotiated Contract

• Bid Negotiated Declaration

Correct answer: Bid Securing Declaration

S1 - An existing business structure, conduct or practice or any act that may be in violation of the PCA shall be subject to administrative, civil and criminal penalties only if it is not cured or is continuing upon the expiration of two (2) years after the effectivity of the Act.

S2 - An entity criminally charged with a violation of the prohibition against anti-competitive agreements may enter a plea of Nolo Contendere, wherein the entity, without admitting responsibility for the acts charged, agrees to accept punishment as if it had pleaded guilty. The plea is inadmissible in evidence to prove liability against the entity in a civil case arising from the same acts charged in the criminal case.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are true

The Philippine Competition Commission issued the key provisions of the Republic Act No. 10667, otherwise known as the Philippine Competition Act took effect on

Choices:

• June 28, 2016

• June 3, 2016

• June 18, 2016

• June 8, 2016

Correct answer: June 28, 2016

The PCA covers both horizontal and vertical agreements and include the following, except:

Choices:

• agreements that are per se violative of the Act, i.e. agreements between competitors that restricts competition, as to the price or components thereof, or as to other terms of trade

• agreements that are per se violative of the Act, i.e. fixes the price at an auction or in any form of bidding, including cover bidding, bid suppression, bid rotation, market allocation and other analogous practices of bid manipulations;

• agreements that are prohibited if shown to have the object or effect of substantially preventing, restricting or restricting competition, e.g. setting, limiting or controlling production, markets, technical development, or investment, dividing or sharing the market

• an agreement or conduct that improves the production or distribution of the goods or services or promotes technical or economic progress, while allowing consumers a fair share in the benefits

Correct answer: an agreement or conduct that improves the production or distribution of the goods or services or promotes technical or economic progress, while allowing consumers a fair share in the benefits

S1 - Regulation of preparation and sale of meat, fresh fruits, poultry, milk, fish, vegetables and other food products for consumption is implemented by the LGU concerned.

S2 - Labelling and packaging, advertising, and sales promotion of food, drugs, cosmetics and devices, and hazardous substances is implemented by the DTI.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Only S2 is false

S1 - Consumers are entitled to either an exchange or refund, as long as there is a defect in the quality of goods or imperfection in the service.

S2 – A No Return, No Exchange Policy is expressly prohibited under the law

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are true

S1 - Only anti-competitive agreements give rise to administrative, civil and criminal liabilities.

S2 - Abuse of dominant position and anti-competitive mergers and acquisitions give rise to administrative and civil liabilities only.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are true

S1 – Under the Lemon Law, if the vehicle is not returned for repair within 30 days from the date of notice of release following the final repair attempt, the repair is deemed successful.

S2 - Damages caused by acts of nature like earthquakes or flash floods and caused by accidents are likewise not honored under the Lemon Law.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are true

The __________ will create an online Central Business Portal where all business permits, licensing, authorizations, etc. can be completed.

Choices:

• DOLE

• DICT

• LGU

• ARTA

Correct answer: DICT

The following are instances when Negotiated Procurement under Emergency Cases may be resorted to, except:

Choices:

• In case of imminent danger to life or property during a state of calamity

• When time is of the essence arising from natural or man-made calamities

• Other causes where immediate action is necessary to prevent damage to or loss of life or property to restore vital public services, infrastructure facilities and other public utilities

• Answer not given

Correct answer: Answer not given

The supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale.

Choices:

• Selective Bidding

• Single Source Procurement

• Repeat Order

• Shopping

Correct answer: Single Source Procurement

S1 - Administrative penalties will apply to first offenses under EDBA.

S2 – Administrative and Criminal liability will apply to second offenses under EDBA.

Choices:

• Only S1 is false

• Only S2 is false

• Both are true

• Both are false

Correct answer: Both are true