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PHILIPPINE HOME ASSURANCE CORPORATION v. CA

This case has been cited 6 times or more.

	GR Nos. 164155 & 175543 2013-02-25	FORT BONIFACIO DEVELOPMENT CORPORATION v. CIR ABAD, J.
DST is by nature, an excise tax since it is levied on the exercise by persons of privileges conferred by law. These privileges may cover the creation, modification or termination of contractual relationships by executing specific documents like deeds of sale, mortgages, pledges, trust and issuance of shares of stock.[8] The sale of Fort Bonifacio land was not a privilege but an obligation imposed by law which was to sell lands in order to fulfill a public purpose. To charge DST on a transaction which was basically a compliance with a legislative mandate would go against its very nature as an excise tax.
	GR No. 169103 2011-03-16	CIR v. MANILA BANKERS' LIFE INSURANCE CORPORATION LEONARDO-DE CASTRO, J.
To elucidate, documentary stamp tax is levied on the exercise of certain privileges granted by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments. Examples of these privileges, the exercise of which are subject to documentary stamp tax, are leases of lands, mortgages, pledges, trusts and conveyances of real property. Documentary stamp tax is thus imposed on the exercise of these privileges through the execution of specific instruments, independently of the legal status of the transactions giving rise thereto. The documentary stamp tax must be paid upon the issuance of these instruments, without regard to whether the contracts which gave rise to them are rescissible, void, voidable, or unenforceable. [38]
	GR No. 147629 2010-07-28	JAKA INVESTMENTS CORPORATION v. VS.CIR LEONARDO-DE CASTRO, J.
Thus, we have held that documentary stamp taxes are levied independently of the legal status of the transactions giving rise thereto. The documentary stamp taxes must be paid upon the issuance of the said instruments, without regard to whether the contracts which gave rise to them are rescissible, void, voidable, or unenforceable.[21]
	GR Nos. 172045-46 2009-06-16	CIR v. FIRST EXPRESS PAWNSHOP COMPANY CARPIO, J.
DST is a tax on documents, instruments, loan agreements, and papers evidencing the acceptance, assignment, sale or transfer of an obligation, right or property incident thereto. DST is actually an excise tax because it is imposed on the transaction rather than on the document.[36] DST is also levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments.[37] The Tax Code provisions on DST relating to shares or certificates of stock state: Section 175. Stamp Tax on Original Issue of Shares of Stock. - On every original issue, whether on organization, reorganization or for any lawful purpose, of shares of stock by any association, company or corporation, there shall be collected a documentary stamp tax of Two pesos (P2.00) on each Two hundred pesos (P200), or fractional part thereof, of the par value, of such shares of stock: Provided, That in the case of the original issue of shares of stock without par value the amount of the documentary stamp tax herein prescribed shall be based upon the actual consideration for the issuance of such shares of stock: Provided, further, That in the case of stock dividends, on the actual value represented by each share.[38]
	GR No. 170574 2009-01-30	PHILIPPINE BANKING CORPORATION v. CIR CARPIO, J.
Documentary stamp tax is a tax on documents, instruments, loan agreements, and papers evidencing the acceptance, assignment, sale or transfer of an obligation, right or property incident thereto. A DST is actually an excise tax because it is imposed on the transaction rather than on the document.[50] A DST is also levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments.[51] Hence, in imposing the DST, the Court considers not only the document but also the nature and character of the transaction.
	GR No. 167330 2008-06-12	PHILIPPINE HEALTH CARE PROVIDERS v. CIR CORONA, J.
The DST is levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments.[12] It is an excise upon the privilege, opportunity, or facility offered at exchanges for the transaction of the business.[13] In particular, the DST under Section 185 of the 1997 Tax Code is imposed on the privilege of making or renewing any policy of insurance (except life, marine, inland and fire insurance), bond or obligation in the nature of indemnity for loss, damage, or liability.