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EUTIQUIO A. PELIGRINO vs. PEOPLE

EUTIQUIO A. PELIGRINO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

G.R. No. 136266 | 2001-08-13

D E C I S I O N

PANGANIBAN, J.:

To convict the accused in a prosecution for the violation of Section 3(b) of the Anti-Graft Law, mere receipt of a gift or any other benefit is enough, even without any express demand for it. The duration of the possession is not controlling. Important are the appellant's words, action and reactions showing acceptance thereof. These are factual in nature and, absent any arbitrariness, abuse of discretion, or palpable error, the trial court's assessment of their presence or absence is generally binding on appellate review.

The Case

Before us is a Petition for Review on Certiorari under Rule 45 of the...