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Philippine Bar review · Question

Practice question: Compromise Penalty

Multiple Choice Hard Jurisprudence

Practice question

A taxpayer refuses a proposed compromise penalty for a covered violation. An officer orders payment anyway, reasoning that no court conviction is needed because the amount is called civil and appears in an administrative schedule. Which analysis is correct?
  1. The schedule does not authorize unilateral exaction; absent settlement, any criminal sanction must follow the proper prosecution and adjudication process
  2. Refusal automatically creates a criminal conviction
  3. The officer may imprison the taxpayer immediately
  4. Calling the amount civil cures missing consent
  5. The officer may collect any amount without a legal basis

Legal references

  • RA11976, Section45: https://lawphil.net/statutes/repacts/ra2024/ra_11976_2024.html
  • BIR RR6-2024, reduced penalties for micro and small taxpayers: https://bir-cdn.bir.gov.ph/BIR/pdf/RR%206-2024%20(final).pdf
  • BIR RMO7-2015, compromise penalty schedule and voluntary settlement rule: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/69577
  • La Flor Dela Isabela v. CIR, GR202105, April28 2021, main decision: https://lawphil.net/judjuris/juri2021/apr2021/gr_202105_2021.html

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