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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Why is a proposed compromise penalty different from a civil surcharge imposed by law?
  1. Both arise solely from a private invoice
  2. A compromise penalty rests on a valid compromise agreement in lieu of prosecution
  3. A surcharge requires the taxpayer’s personal offer
  4. Neither has any legal basis
  5. A compromise penalty is a court acquittal

Legal references

  • BIR RMC3-2022, official full text, separate compromise-penalty notice: https://bir-cdn.bir.gov.ph/BIR/pdf/RMC%20No.%203-2022%20FT.pdf
  • NIRC Sections 204, 228 and 253, read with EOPT amendments: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html

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