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Case #16 ZOSA; GR No.

. 78239, Feb 9, 1989 Pardon was issued before the final verdict of guilt, thus it amounts to an
PETITIONER: Salvacion Monsanto acquittal. In effect, the President has declared me not guilty of the crime
RESPONDENT: Fulgencio Factoran charged and has accordingly dismissed the same.
TOPIC: Disqualification
FACTS: 1) The penalty of Prision Mayor carries an accessory penalty of Temporary
1) Salvacion Monsanto, then assistant treasurer of Calbayog City, was Absolute Disqualification, which bars the convict from public office or
accused of complex crime of Estafa thru Falsification of Public Documents. employment. Even if offender be pardoned as to the principal penalty, the
She was sentenced to imprisonment of 4y, 2m, 1d (Prision Correccional) to accessory penalties remain unless the same have been expressly remitted
10y, 1d (Prision Mayor) and was ordered to indemnify the government of P4, by the pardon. The penalty of Prision Correccional carries suspension from
892.50 public office as one of its accessory penalties.

2) While Monsanto was appealing her conviction before the Supreme Court, 2) The benign mercy of pardon is of British origin; conceived to temper the
then President Marcos pardoned her, which she accepted on Dec 21, 1984. gravity of the Kings wrath. It is an act of grace, proceeding from the power
entrusted with the execution of the laws, which exempts the individual, on
3) By reason of said pardon, she wrote the Calbayog City Treasurer, whom it is bestowed, from the punishment the law inflicts for a crime he has
requesting that she be restored to her former post since the same was still committed.
vacant. Her request was referred to the Ministry of Finance which ruled that
she may be reinstated to her position without the necessity of a new 3) It is not material when the pardon was bestowed, for the result would still
appointment. However, it directed her to pay the P4,892.50, as required by be the same. Having accepted the pardon, Monsanto is deemed to have
the Sandiganbayan. abandoned her appeal and her unreversed conviction by the Sandiganbayan
assumed the character of finality.
4) Monsanto, wrote to the Ministry of Finance, alleging that since full pardon
has been bestowed upon her, the crime has already been wiped out and it 4) Ex Parte Garland: If (pardon) granted before conviction, it prevents any of
allegedly implied that her service in the government was never interrupted; the penalties and disabilities, consequent upon conviction, from attaching. IF
that she is entitled to backpay for the entire period of her suspension; and granted after conviction, it removes the penalties and disabilities and
should not be required to pay the amount of P4,892.50 restores him to all his civil rights; it makes him, as it were, a new man, and
gives him a new credit and capacity. SUCH GENERALITIES HAVE NOT
5) Ministry of Finance referred the matter to the Office of the President. BEEN UNIVERSALLY ACCEPTED.
Deputy Executive Secretary Fulgencio Factoran, Jr held: In People v. Lising,
acquittal, not absolute pardon, of a former public officer is the only ground for 5) the very essence of a pardon is forgiveness or remission of guilt. Pardon
reinstatement to his former position and entitlement to payment of his slaries, implies guilt. It does not erase the fact of the commission for the crime and
benefits and emoluments due to him during the period of his suspension the conviction thereof. It does not wash out the moral stain. It involves
pendente lite. forgiveness and not forgetfulness.

6) Monsanto filed this Petition for Review before the Supreme Court. 6) A pardon looks to the future. It is not retrospective. This would explain why
Monsanto, though pardoned, cannot be entitled to receive backpay for lost
ISSUE: Whether or not a public officer, who has been granted an absolute earnings and benefits.
pardon by the Chief Executive, is entitled to reinstatement to her former
position without need of a new appointment. 7) The pardon granted to Monsanto has resulted in removing her
Not entitled. New appointment required. disqualification from holding public employment but it cannot go beyond that.
To regain her former post as assistant city treasurer, she must reapply and
MONSANTO: The general rules on pardon cannot be applied as the undergo the usual procedure required for a new appointment.
executive clemency was extended while conviction was still pending appeal.
Without the final judgment of conviction, the accessory penalty of forfeiture of WHEREFORE, the assailed resolution of former Deputy Executive Secretary
office did not attach and the status of my employment remained suspended. Fulgencio S. Factoran Jr is AFFIRMED. No costs.