Log In Create Account

Philippine Bar review · Question

Practice question: Effect of Failure to Appeal

Multiple Choice Hard

Practice question

A taxpayer elects judicial appeal from assessment-protest inaction but files beyond that option’s allowed period. After dismissal it tries to restart by awaiting a later CIR decision as though it had never elected the first remedy. No exception applies. Which principle controls?
  1. The inaction and waiting options are mutually exclusive; the failed election cannot automatically be repaired by switching to the other
  2. Every late petition creates a fresh period
  3. Both options may always be used successively
  4. A dismissal automatically grants a refund
  5. The taxpayer may disregard every deadline

Legal references

  • BIR RR18-2013, official digest, administrative elevation and finality: https://bir-cdn.bir.gov.ph/BIR/pdf/79052rr13_18.pdf
  • CIR v. Avon Products Manufacturing, Inc., G.R. Nos. 201398-99 and 201418-19, October 3, 2018, main decision, mutually exclusive assessment remedies: https://lawphil.net/judjuris/juri2018/oct2018/gr_201398-99_2018.html
  • Lascona Land Co., Inc. v. CIR, G.R. No. 171251, March 5, 2012, main decision: https://lawphil.net/judjuris/juri2012/mar2012/gr_171251_2012.html

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