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Philippine Bar review · Question

Practice question: Refund or Credit

Multiple Choice Medium Jurisprudence

Practice question

Without a valid assessment, a taxpayer files a proper Section 196 written claim and sues the next day within two years. Must it invariably wait sixty days after the refund claim?
  1. Yes, every refund has that waiting period
  2. No refund suit is possible
  3. Only a denial permits suit
  4. No; the standalone section supplies no universal sixty-day decision period
  5. The written claim automatically proves the merits

Legal references

  • Local Government Code, RA 7160, Sections 196, 198-199 and 234: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • Jose v. Tigerway Facilities and Resources, Inc., G.R. No. 247331, February 26, 2024, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69421
  • City of Manila v. Cosmos Bottling Corporation, G.R. No. 196681, June 27, 2018, main decision: https://lawphil.net/judjuris/juri2018/jun2018/gr_196681_2018.html

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