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Philippine Bar review · Question

Practice question: Criminal Action

Multiple Choice Hard

Practice question

An accused invokes acquittal of a 254 charge as an automatic statutory bar to any civil tax-collection suit, without addressing the lawful tax claim or other defenses. What does current 254 expressly state?
  1. Every acquittal automatically proves every tax was paid.
  2. Conviction or acquittal under that section is not by itself a bar to the civil suit for collection.
  3. The civil tax claim always becomes a private donation.
  4. The court must impose a second criminal conviction before any civil filing.
  5. A254 judgment necessarily repeals all collection statutes.

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

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