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Philippine Bar review · Question

Practice question: Definition; Howey Test

Multiple Choice Easy

Practice question

In the Philippine investment-contract test applied in Power Homes Unlimited v. SEC, the expected profits must come primarily from whose efforts?
  1. The investor's own efforts alone in every case
  2. The government's tax collection
  3. The efforts of others
  4. The buyer's household consumption
  5. No person's efforts because effort is legally irrelevant

Legal references

  • RA8799, Securities Regulation Code, Section3.1: https://lawphil.net/statutes/repacts/ra2000/ra_8799_2000.html
  • Power Homes Unlimited v. SEC, GR164182, February26 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_164182_2008.html
  • SEC v. Prosperity.Com, GR164197, January25 2012, main decision: https://lawphil.net/judjuris/juri2012/jan2012/gr_164197_2012.html

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