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Philippine Bar review · Question

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

Multiple Choice Medium Jurisprudence

Practice question

A criminal tax violation involves established fraud but has not yet been filed in court. The taxpayer claims that pre-court timing alone establishes eligibility under Section 204. Which answer is correct?
  1. Yes, fraud matters only after conviction
  2. No; fraud is an independent exclusion even before court filing
  3. Yes, an offer abolishes fraud
  4. Yes, payment of any amount removes the exclusion
  5. No, because no criminal violation can ever be compromised

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

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