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Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

Congress enacts a complete tax law. The CIR recommends regulations implementing its reporting mechanics, and the Secretary promulgates rules within the statute. A business argues that every administrative detail must instead be individually enacted by Congress, while another asserts that the same authority permits unlimited new taxes. Which assessment is correct?
  1. Both arguments are correct
  2. Only unlimited tax creation is authorized
  3. Neither extreme is correct: Section 244 permits implementing regulations but does not grant unlimited power to legislate new taxes
  4. All regulations are invalid unless taxpayers unanimously consent
  5. The CIR's recommendation alone transforms every proposal into an Act of Congress

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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