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Philippine Bar review · Question

Practice question: Who May Appeal, Mode of Appeal, Period to Appeal, and Effect of Appeal

Multiple Choice Hard

Practice question

A party loses a civil tax case before a CTA Division and seeks immediate en banc review without first filing the required motion for reconsideration or new trial with that Division. No exception applies. Which answer is correct?
  1. Every Division decision is directly reviewable by any court without prerequisites
  2. The original CIR thirty-day period automatically replaces every later rule
  3. Only a new annual return is needed
  4. The prescribed Division reconsideration or new-trial step must be taken before en banc review, with the applicable periods observed
  5. The Division's adverse ruling automatically grants exemption

Legal references

  • RA9282 amending RA1125, Sections7,11 and18–19: https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html
  • Revised CTA Rules, Rules4,8,10,15–16: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html
  • 2008 amendments to CTA Rules: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2008.html

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