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Philippine Bar review · Question

Practice question: Requisites of a Valid Tax

Multiple Choice Hard

Practice question

Congress enacts a tax funding general public services. A business challenges it solely because the business expects less personal benefit than it will pay, and because it prefers a different spending program. Assume competent enactment and compliance with all other constitutional and statutory requirements. What is the best answer?
  1. The tax fails whenever a payer values services below its tax bill
  2. The tax fails unless every payer selects the expenditure
  3. The tax is valid only if no business objects
  4. Public purpose requires a separate contract with each payer
  5. The objections do not establish invalidity; valid taxation does not require a matching individual return or unanimous policy preference

Legal references

  • 1987 Constitution, Article III Sections 1 and 20, Article VI Sections 24 and 28, Article X Section 5: https://lawphil.net/consti/cons1987.html
  • Planters Products v. Fertiphil, GR166006, March14 2008, main decision: https://lawphil.net/judjuris/juri2008/mar2008/gr_166006_2008.html
  • CIR v. Algue, GR L-28896, February 17 1988, main decision: https://lawphil.net/judjuris/juri1988/feb1988/gr_l-28896_1988.html

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