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Philippine Bar review · Question

Practice question: Payment Under Protest; Exceptions

Multiple Choice Hard Jurisprudence

Practice question

An owner challenges only the very legal authority of the assessor to impose the disputed assessment. All material facts are stipulated and no valuation, property-use or exemption facts require determination. The claim presents a genuine pure question of law. Is payment under protest and administrative exhaustion invariably required merely because the demand is called real property tax?
  1. No; jurisprudence recognizes direct judicial recourse for a genuine purely legal challenge to authority, subject to the proper court and remedy
  2. Yes, the courts can never decide legal authority
  3. No, every taxpayer may skip remedies by asserting unfairness
  4. Yes, factual and legal disputes are always identical
  5. No, the assessment is automatically void without adjudication

Legal references

  • RA7160, Sections22(c),192,206,226,231,252–253 and276–277: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • Pisón v. City of Iloilo, GR272170, January28 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70361
  • National Power Corp. v. Provincial Government of Bulacan, GR207140, January30 2023, main decision: https://lawphil.net/judjuris/juri2023/jan2023/gr_207140_2023.html

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