DAY 11 CPD ACT OF 2016; ANTI-AGRICULTURAL SABOTAGE ACT OF 2024

40問 • 3ヶ月前

問題一覧

This term refers to body created to promote and ensure the continuous improvement of professionals, in accordance with national, regional and international standards of practice.

CPD Council

This term refers to mechanisms that provide access to qualifications and assist professionals to move easily and readily between the different education and training sectors, and between these sectors, and the labor market, through the Philippine Credit Transfer System.

Pathways and Equivalencies

This term refers to learning activities such as online training, local/international seminars/non-degree courses, institution/company-sponsored training programs, and the like, which did not undergo CPD accreditation but may be applied for and awarded CPD units by the respective CPD Council.

Self-directed Learning

This term refers to a status gained after a person has been assessed to have achieved learning outcomes or competencies in accordance with the standard specified for a qualification title, and is proven by a document issued by a recognized agency or body.

Qualification

The CPD Programs consist of activities that range from structured to non-structured activities, which have learning processes and outcomes. These include, but are not limited to, the following, except for one. Which among the choices is not included?

Social responsibility

All Customs Brokers shall be required to comply with forty-five (45) CPD Credit Units within the compliance period of 3 years. Suppose that you are renewing your license this year, how many credit units will you need to earn?

45 credit units

Under the operational guidelines of CPD Law for Customs Brokers, which of the following is the maximum creditable units for self-directed or lifelong learning in a compliance period?

20 credit units

Under the operational guidelines of CPD Law for Customs Brokers, which of the following is the minimum credit units to be earned per year under the major area on Ethics Management and Social Responsibility?

4 credit units

Under the operational guidelines of CPD Law for Customs Brokers, which of the following is the minimum credit units to be earned per year under the major area on Customs and Tariff Laws, Rules and Regulations?

5 credit units

Which of the following is not included in the term “Trade Regulatory Agencies” as defined under RA No. 12022?

FPA

Which of the following goods is not covered by the Anti-Agricultural Economic Sabotage Act?

Distilled spirits

Which of the following punishable acts does not constitute agricultural smuggling as economic sabotage?

Teylor Sweft, a billionaire, who uses her funds to establish dummy corporation and to exclusively secure all import permits and allocation with DA agencies

Which of the following is the appropriate mode of disposition of smuggled agricultural products covered by the Anti-Agricultural Economic Sabotage Act?

Destruction, after compliance with the chain of custody rule

Which of the following agencies has no authority to institute criminal actions for violation of RA No. 12022?

FOR QUESTIONS 15-19 Mein Ataydo was a graduate of BS Customs Administration at the International State College of the Philippines (ISCP) which was awarded several times as the best BSCA school in the Philippines. This year she intend to take the Customs Brokers Licensure Examinations (CuBLE). During her review, she already owned the largest customs brokerage firm in the Philippines. She also gained numerous clients and most of them were importing various frozen meat products from Brazil and Spain. 15. Supposed that she hired a customs broker to sign the goods declaration for the imported meat products and later own seized by the Enforcement Group for misdeclaration under RA No. 12022, can she be held criminally liable as well?

Yes, because she acted as the broker for the importer which is one of the punishable acts under the law

FOR QUESTIONS 15-19 Mein Ataydo was a graduate of BS Customs Administration at the International State College of the Philippines (ISCP) which was awarded several times as the best BSCA school in the Philippines. This year she intend to take the Customs Brokers Licensure Examinations (CuBLE). During her review, she already owned the largest customs brokerage firm in the Philippines. She also gained numerous clients and most of them were importing various frozen meat products from Brazil and Spain. 16. Which of the following is/are the person/s criminally liable under the Anti-Agricultural Economic Sabotage Act?

The importer, the signing customs broker, and Mein Ataydo

FOR QUESTIONS 15-19 Mein Ataydo was a graduate of BS Customs Administration at the International State College of the Philippines (ISCP) which was awarded several times as the best BSCA school in the Philippines. This year she intend to take the Customs Brokers Licensure Examinations (CuBLE). During her review, she already owned the largest customs brokerage firm in the Philippines. She also gained numerous clients and most of them were importing various frozen meat products from Brazil and Spain. Assuming that Mein passed the CuBLE last year and she signed the goods declaration, which of the following is the penalty to be imposed against her upon conviction?

Life imprisonment

FOR QUESTIONS 15-19 Mein Ataydo was a graduate of BS Customs Administration at the International State College of the Philippines (ISCP) which was awarded several times as the best BSCA school in the Philippines. This year she intend to take the Customs Brokers Licensure Examinations (CuBLE). During her review, she already owned the largest customs brokerage firm in the Philippines. She also gained numerous clients and most of them were importing various frozen meat products from Brazil and Spain. 18. Which of the following is the consequence if Mein was indicted for violation of Section 7 (h) of RA 12022 and she eventually passed this year’s CuBLE?

She is allowed to register and take an oath

FOR QUESTIONS 15-19 19. Mein Ataydo was a graduate of BS Customs Administration at the International State College of the Philippines (ISCP) which was awarded several times as the best BSCA school in the Philippines. This year she intend to take the Customs Brokers Licensure Examinations (CuBLE). During her review, she already owned the largest customs brokerage firm in the Philippines. She also gained numerous clients and most of them were importing various frozen meat products from Brazil and Spain. Which of the following courts will hear and decide her case?

CTA Division

Which of the following is not a function of the Anti-Agricultural Economic Sabotage Enforcement Group?

Hold in custody and dispose of confiscated, seized, and/or surrendered agricultural and fishery products subject of and properties used in the commission of the crime of economic sabotage

Which of the following is not a function of the Anti-Agricultural Economic Sabotage Council?

Act on criminal complaints directly filed by persons under Section 21 of this Act, which may be consolidated with similar complaints filed by the Enforcement Group

Which of the following is the maximum amount of monetary rewards granted to informers who give vital information leading to the investigation, apprehension, arrest, detention, prosecution, and conviction of person/s who are liable for the crimes punishable under the Anti-Agricultural Economic Sabotage Act?

PHP20,000,000.00

FOR QUESTIONS 23-26 Samahan ng mga Magsasaka ng Quirino was a duly registered agricultural cooperative under RA No. 9520. One of their importable products was well-milled rice, 25% broken from Thailand. Three months ago they have an incoming rice shipment from their foreign exporter which was stuffed in sixteen twenty-footer container vans and was discharged at the Port of Manila. Upon lodgment and filing of the goods declaration, it was placed under Alert Order by the Bureau upon recommendation by the Anti-Agricultural Economic Sabotage Enforcement Group. After physical examination, it turned out that all containers were loaded with refined sugar instead of rice. 23. Supposed that the aggregate assessed value and duties and taxes per SAD is PHP16,000,000.00, will it be prosecuted in under the Anti-Agricultural Economic Sabotage Act using such amount?

No, because the Daily Price Index (DPI) is the primary basis of jurisdictional amount under RA 12022

FOR QUESTIONS 23-26 Samahan ng mga Magsasaka ng Quirino was a duly registered agricultural cooperative under RA No. 9520. One of their importable products was well-milled rice, 25% broken from Thailand. Three months ago they have an incoming rice shipment from their foreign exporter which was stuffed in sixteen twenty-footer container vans and was discharged at the Port of Manila. Upon lodgment and filing of the goods declaration, it was placed under Alert Order by the Bureau upon recommendation by the Anti-Agricultural Economic Sabotage Enforcement Group. After physical examination, it turned out that all containers were loaded with refined sugar instead of rice. 24. If the value based on the DPI did not meet the jurisdictional amount under RA 12022, which of the following is the alternative remedy to hold the importer criminally liable?

Prosecution under the provisions of Section 1401 of the CMTA

FOR QUESTIONS 23-26 Samahan ng mga Magsasaka ng Quirino was a duly registered agricultural cooperative under RA No. 9520. One of their importable products was well-milled rice, 25% broken from Thailand. Three months ago they have an incoming rice shipment from their foreign exporter which was stuffed in sixteen twenty-footer container vans and was discharged at the Port of Manila. Upon lodgment and filing of the goods declaration, it was placed under Alert Order by the Bureau upon recommendation by the Anti-Agricultural Economic Sabotage Enforcement Group. After physical examination, it turned out that all containers were loaded with refined sugar instead of rice. 25. If the importer was found guilty of the crime of agricultural smuggling as economic sabotage, which of the following is the next remedy?

File a motion for reconsideration with the CTA Division

FOR QUESTIONS 23-26 Samahan ng mga Magsasaka ng Quirino was a duly registered agricultural cooperative under RA No. 9520. One of their importable products was well-milled rice, 25% broken from Thailand. Three months ago they have an incoming rice shipment from their foreign exporter which was stuffed in sixteen twenty-footer container vans and was discharged at the Port of Manila. Upon lodgment and filing of the goods declaration, it was placed under Alert Order by the Bureau upon recommendation by the Anti-Agricultural Economic Sabotage Enforcement Group. After physical examination, it turned out that all containers were loaded with refined sugar instead of rice. 26. If the importer is found to be guilty despite of the applicable remedy you have chosen in the preceding number, which of the following is the next remedy?

File a petition for review to CTA En Banc

If the agricultural hoarding as economic sabotage was committed this year, can it be prosecuted in 2049?

Yes, because the prescriptive period is 25 years from the date of violation or discovery by the law enforcement agencies or its agents

Which of the following prohibited acts under RA 12022 is not punishable as Economic Sabotage?

Renting out of cold storage facilities to or allowing the use in any way by non-members, such as traders and other private businesses

Which of the following goods is covered by the Anti-Agricultural Economic Sabotage Act?

Palm olein

YZA Corporation, including its president, manager, as well as the customs broker who signed the goods declaration was charged for violation of RA No. 10845, also known as the Anti-Agricultural Smuggling Act of 2016 five years ago for importing frozen fish balls that was found to contain frozen mackerel after physical examination. While their case is pending until today, RA No. 12022 was enacted into law. Which of the following is the consequence?

The case instituted under RA 10845 shall proceed until resolved with finality

Which of the following is not considered agricultural economic sabotage under RA 12022?

Importation of fresh vegetables with proper customs clearance and duties paid

Under RA 12022, when does profiteering constitute economic sabotage?

When the selling price exceeds the prevailing DPI by at least 10% in times of calamity, emergency, or abnormal situation

Which of the following situations may trigger a finding of hoarding under RA 12022?

Intentionally withholding large volumes of fresh onions in warehouses during a declared state of calamity to increase prices

If a public official is proven to have conspired in large-scale smuggling of frozen pork worth PHP 15 million calculated using the DPI, what additional penalty applies aside from imprisonment and fines?

Perpetual disqualification from public office and forfeiture of retirement benefits

Which of the following demonstrates a cartel under RA 12022?

Several onion importers agreeing to set uniform high prices in the market

A wholesaler with normal onion inventory of 10,000 kg stockpiles 15,000 kg, ten days after the Council declared an abnormal situation. Which prohibited act under RA 12022 is committed?

Hoarding as economic sabotage

A warehouse owner knowingly stores PHP 11 million worth of smuggled refined sugar. What penalty applies?

20–30 years imprisonment and fine thrice the value of goods

A trader is caught selling onions at 35% above the DPI during a declared state of calamity. He argues that he is exempt because he only operates a wet market stall with PHP180,000.00 capitalization. What is the correct ruling?

He is not liable for profiteering since small retailers with capitalization not exceeding PHP200,000.00 are exempt.

A fisherman imports frozen tuna worth PHP9,990,000.00 without import clearance. Under RA 12022, how is this treated?

Smuggling but not economic sabotage, since it falls below PHP10 Million threshold

Several container vans with smuggled fresh garlic worth PHP25 Million were destroyed. Present were the Enforcement Group and DA, but no DOJ or media representatives. The importer contested its validity. Which of the following is the correct consequence?

Destruction is invalid since it requires witnesses from DOJ, agri-sector, media, and a local official

SAD

SAD

PORT CODES

PORT CODES

DAY 11

DAY 11

DAY 12

DAY 12

Dangerous Cargoes [Containerized]

LCB · 70問 · 3ヶ月前

Dangerous Cargoes [Containerized]

complete

complete