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Philippine Bar review · Question

Practice question: Effect of Failure to File Protest

Multiple Choice Hard Jurisprudence

Practice question

The taxpayer establishes that a purported deficiency assessment entirely omitted the written factual and legal bases required by Section 228. The BIR answers solely that the taxpayer did not protest it, so the defect is cured by finality. Which analysis is correct?
  1. Every void assessment becomes valid through silence
  2. No procedural requirement can ever invalidate a tax assessment
  3. Only the collection amount matters
  4. The BIR must still satisfy the threshold validity requirement; failure to protest is not a substitute for the mandatory written bases
  5. The defect automatically exempts the taxpayer from every future tax

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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