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H. Tambunting Pawnshop vs. CIR [SEPARATE OPINION, DISSENTING]

H. TAMBUNTING PAWNSHOP, INC., Petitioner, versus COMMISSIONER OF INTERNAL REVENUE, Respondent.

G.R. No. 171138 | 2009-04-07

DISSENTING OPINION


With all due respect to my well-esteemed colleague, I take a contrary position to the majority opinion that the pawn ticket is subject to Documentary Stamp Tax (DST).

The ponencia while admitting that the pawn ticket is neither a security nor a printed evidence of indebtedness however asseverates that the pawn ticket, being the receipt for a pawn, documents the pledge.

I beg to disagree.

The pawn ticket is simply defined as the "pawnbroker's receipt for a pawn."[1] PD 114 declares that "it is neither a security nor a printed evidence of indebtedness."[2] Section 12 of said law...