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Philippine Bar review · Question

Practice question: Authority of Congress, Secretary of Finance, and Commissioner of Internal Revenue (CIR)

Multiple Choice Medium Jurisprudence

Practice question

A taxpayer's question concerns an abstract interpretation of a Code provision, not an appeal from a disputed assessment. The CIR says his interpretative ruling is entirely immune from the Secretary's review. Is that position consistent with Section 4?
  1. Yes, exclusive and original means unreviewable
  2. Yes, all tax interpretation belongs to private accountants
  3. No, because every interpretation must first be issued by Congress
  4. Yes, if the ruling is signed personally
  5. No; the first paragraph expressly makes that interpretative power subject to the Secretary's review

Legal references

  • NIRC Sections 4,22,23 and244: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • 1987 Constitution, ArticleVI Sections24,28: https://lawphil.net/consti/cons1987.html
  • RA11976, Ease of Paying Taxes Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96948

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