Philippine Bar review · Question

Practice question: False vs. Fraudulent vs. Non-filed Return

Multiple Choice Hard

Practice question

The CIR has a qualifying unrebutted presumption but previously assured the taxpayer in the assessment process that only the ordinary period was being applied, acting inconsistently with the later ten-year theory. Assume the conduct fits Villanueva’s second due-process requirement. Does the numerical presumption alone settle validity?
  1. No; the MAIN guidelines also require conduct consistent with invoking the extraordinary period
  2. Yes, numerical size eliminates every due-process requirement
  3. Yes, misleading conduct is always immaterial
  4. No, because a presumption can never support ten years
  5. Yes, a court may dispense with notice in every fraud allegation

Legal references

  • CIR v Villanueva GR249540 February28,2024 MAIN: https://lawphil.net/judjuris/juri2024/feb2024/gr_249540_2024.html MAIN statutory requisites, strict presumption threshold, due process.
  • NIRC RA8424, Sections203,222–223 and228: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html Sections222(a) and248(B).

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