Log In Create Account

Philippine Bar review · Question

Practice question: Destination Principle and Cross-Border Doctrine

Multiple Choice Medium Jurisprudence

Practice question

A tourist buys a consumable product and partly consumes it in the Philippines before taking the remainder abroad. It claims foreign destination of the remainder necessarily overrides the IRR's partial-consumption exclusion for that item. Which is best?
  1. Any partial export automatically erases all stated conditions.
  2. The product becomes a service merely by being opened.
  3. The refund is mandatory solely because payment used a foreign card.
  4. Partial local consumption is expressly irrelevant under Section5.
  5. The stated partial local consumption must be assessed under the express exclusion, rather than ignored solely because part leaves.

Legal references

  • RA12079, NIRC112-A tourist VAT-refund mechanism: https://lawphil.net/statutes/repacts/ra2024/ra_12079_2024.html
  • Signed2025 IRR of RA12079, Sections3-5: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/100686
  • Tayam v. Recto, G.R.280898, April 22, 2026, EN BANC MAIN decision, destination principle and tourist refunds: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/70454

Answer this question in flashcards to review your response and continue practicing.