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Philippine Bar review · Question

Practice question: Refund or Credit

Multiple Choice Hard Jurisprudence

Practice question

A company pays an order of payment that, on the stipulated facts, lacks the factual and legal basis necessary to constitute a valid assessment. It later files a proper Section 196 refund claim and timely sues within the governing two-year period. The city insists that every payment order necessarily triggered Section 195 and that no refund is possible without a protest within sixty days. Which response follows Tigerway?
  1. Every document requesting money is conclusively a valid assessment
  2. An invalid assessment permanently exempts all future business activity
  3. Without a qualifying assessment, the refund route under Section 196 can govern; the city cannot assume the Section 195 trigger merely from the document’s title
  4. No local tax can ever be refunded
  5. The taxpayer must instead file an estate-tax return

Legal references

  • Jose v. Tigerway Facilities, G.R.247331, February26 2024: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69421
  • RA7160, Section196: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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