Log In Create Account

Philippine Bar review · Question

Practice question: Criminal Action

Multiple Choice Medium

Practice question

After apprehension for a completed tax offense, an accused pays all tax and invokes that payment alone as a complete statutory defense. All other elements are properly established. What follows under 253(a)?
  1. Payment necessarily establishes that no offense occurred.
  2. The court must disregard all evidence of the offense.
  3. Payment transforms the prosecutor into the accused.
  4. Payment alone is not the stated valid defense to prosecution.
  5. The tax must automatically be returned before trial.

Legal references

  • NIRC Sections203,220,222 and253, as applicable: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html
  • RA10963 Section76, current NIRC254: https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html

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