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Philippine Bar review · Question

Practice question: Effect of Failure to File Protest

Multiple Choice Medium Jurisprudence

Practice question

A taxpayer validly receives a valid FAN, allows the thirty-day protest period to expire without a valid protest, and later seeks ordinary merits review solely because a new accountant found better expense records. No exception applies. What is the ordinary effect?
  1. The missed protest allows the valid assessment to become final; the new records do not automatically reopen the lost ordinary remedy
  2. Every new accountant restarts the deadline
  3. Every later record creates an automatic refund
  4. The taxpayer may choose any protest date
  5. The BIR must treat the omission as a timely protest

Legal references

  • NIRC Sections5–6,13 and228: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • CIR v. CTA Third Division and Citysuper, GR239464, May10 2021, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67428
  • CIR v. Elric Auxiliary Services, GR226945, February19 2026, main decision: https://lawphil.net/judjuris/juri2026/feb2026/gr_226945_2026.html
  • CIR v. Standard Insurance, GR259729, November17 2025, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70327

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