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Philippine Bar review · Question

Practice question: Institution of Civil Action in Criminal Action

Multiple Choice Hard Jurisprudence

Practice question

A taxpayer is acquitted of attempt to evade tax under current NIRC section 254. It invokes the ordinary joint-institution discussion to argue that the acquittal itself categorically bars any later civil suit collecting the tax. Which statutory qualification matters?
  1. Section 254 makes every acquittal a tax amnesty
  2. A taxpayer’s accountant may rewrite the statute
  3. All collection jurisdiction belongs to COMELEC
  4. Section 254, as amended by TRAIN, expressly provides that conviction or acquittal under that section is not a bar to a civil collection suit
  5. The civil tax must always be imposed without evidence

Legal references

  • https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html — RA 9282, section 7(b)(1), corresponding civil action
  • https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html — Revised Rules of the CTA, Rule 9 section 11
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69095 — People v. Mendez, G.R. Nos. 208310-11 and 208662, March 28, 2023, main opinion
  • https://lawphil.net/judjuris/juri2024/jan2024/gr_259284_2024.html — People v. E & D Parts Supply, Inc., G.R. No. 259284, January 24, 2024
  • https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html — RA 10963, section 76 amending NIRC section 254

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