Philippine Bar review · Question

Practice question: Disloyalty

Multiple Choice Hard Jurisprudence

Practice question

A director earns money from a private activity. A complaint invokes section 33 solely because she is a director, but establishes neither an opportunity acquired by virtue of office nor one that should belong to the corporation, and no corporate prejudice. Which is best?
  1. Every director’s private profit automatically belongs to the corporation
  2. The required section 33 predicates must be established; directorship and private profit alone are insufficient
  3. All private business by directors is criminal
  4. The corporation automatically owns her salary from every source
  5. No director can ever owe a loyalty duty

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/86463 — RA 11232, sections 30 and 33

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