Title
Peligrino vs. People
Case
G.R. No. 136266
Decision Date
Aug 13, 2001
BIR examiner convicted for accepting marked money in entrapment, violating Anti-Graft Act; co-accused acquitted due to insufficient evidence.

Case Digest (G.R. No. 136266)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural Posture
    • Petitioner Eutiquio A. Peligrino, then Examiner II of BIR Region IV-A, and co-accused Atty. Buenaventura V. Buenafe, Supervisor of the same region, were charged under Section 3(b) of RA 3019 for demanding and receiving P200,000 from Dr. Antonio N. Feliciano in connection with a tax assessment.
    • Information filed October 17, 1991 (amended February 25, 1992). Both pleaded not guilty at Sandiganbayan arraignment (August 28, 1992). After trial, the Sandiganbayan (First Division) on August 24, 1998 convicted Peligrino and acquitted Buenafe; Motion for Reconsideration denied November 16, 1998.
  • Prosecution Evidence
    • Dr. Feliciano complained to NBI, which marked P3,000 in fluorescent powder and arranged entrapment. On October 15, 1991, Peligrino appeared at Feliciano’s clinic, received a brown envelope containing the marked money, then was arrested by NBI agents.
    • Inventory of seized items from Peligrino included Prudential check, BIR Authorities to Issue Payment Orders, assessment worksheets, letters of authority, and the envelope with bogus money. Forensic Chemist found fluorescent powder on Peligrino’s person.
  • Defense Evidence
    • Both accused denied extortion. Buenafe testified he served a valid letter of authority and merely discussed assessment figures; Peligrino testified the envelope was thrust at him by unidentified persons and he resisted holding it. Both claimed no demand or receipt occurred.
    • They offered affidavits, BIR certifications, letters and memoranda to impeach Feliciano’s character and to demonstrate their regular official conduct.

Issues:

  • Whether the Sandiganbayan erred in finding that petitioner demanded and received the envelope with the boodle money.
  • Whether the conviction relied unjustly on the lone testimony of Dr. Feliciano, an allegedly discredited witness.
  • Whether petitioner was denied equal protection of the law given his co-accused’s acquittal.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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