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Philippine Bar review · Question

Practice question: Compromise of Criminal Violations; Effect of Payment on Criminal Liability

Multiple Choice Hard Jurisprudence

Practice question

A corporate officer proposes a lawful pre-court compromise of a nonfraud tax violation. The prosecution argues that the offer alone conclusively admits the officer's guilt and that a corporate title alone establishes responsibility. Which principle from Suarez is relevant?
  1. Every settlement offer conclusively establishes guilt
  2. Every officer is criminally liable solely from title
  3. A proposal automatically compels acquittal
  4. An offer for an offense legally allowed to be compromised is not automatically an implied admission of guilt, and the prosecution must prove the officer's responsibility and the offense's elements
  5. No evidence rules apply to tax prosecutions

Legal references

  • NIRC Sections 204 and 253: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • Suarez v. People, GR253429, October6 2021, main decision: https://lawphil.net/judjuris/juri2021/oct2021/gr_253429_2021.html
  • BIR RMO7-2015: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/69577

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