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Philippine Bar review · Question

Practice question: Destination Principle and Cross-Border Doctrine

Multiple Choice Hard Jurisprudence

Practice question

A tourist orders goods through an online marketplace, receives them here and carries them abroad. It relies only on destination theory to claim the Section112-A mechanism, despite the IRR's online-store exclusion. Which is best?
  1. The particular refund mechanism's eligibility limits still apply; destination theory alone does not dispense with them.
  2. Every online purchase is automatically eligible regardless of express conditions.
  3. Taking goods abroad repeals every accreditation and in-person requirement.
  4. Only the invoice font decides the result.
  5. The goods automatically become tax-free financial services.

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

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