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Philippine Bar review · Question

Practice question: Grounds

Multiple Choice Hard

Practice question

A supplier offers a low-priced item to a procurement official expressly in exchange for preferential treatment in a pending purchase. The official accepts it and relies on the exception for unsolicited gifts of nominal value. Why is that reliance unsound on the stipulated facts?
  1. All low-priced items are always exempt regardless of purpose.
  2. Only the item's color determines the exception.
  3. The nominal-gift exclusion requires the absence of anticipation of or exchange for a favor, which the express bargain negates.
  4. The official may personally redefine nominal value to waive the exchange.
  5. Procurement transactions are outside RA 6713.

Legal references

  • RA 6713, Sections 3(c) and 7(d): https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html

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