consti - digest.docx - MONSANTO V FACTORAN Pascua notes version Case Was Petitioner entitled as a consequence of Pardon to reinstatement as assistant

consti - digest.docx - MONSANTO V FACTORAN Pascua notes...

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MONSANTO V FACTORAN Pascua notes version: Case: Was Petitioner entitled as a consequence of Pardon to reinstatement as assistant city treasurer. Rule: While we are prepared to concede that pardon may remit all the penal consequences of a criminal indictment if only to give meaning to the fiat that a pardon, being a presidential prerogative, should not be circumscribed by legislative action, we do not subscribe to the fictitious belief that pardon blots out the guilt of an individual and that once he is absolved, he should be treated as if he were innocent. For whatever may have been the judicial dicta in the past, we cannot perceive how pardon can produce such "moral changes" as to equate a pardoned convict in character and conduct with one who has constantly maintained the mark of a good, law-abiding citizen. Pardon cannot mask the acts constituting the crime. These are "historical" facts which, despite the public manifestation of mercy and forgiveness implicit in pardon, "ordinary, prudent men will take into account in their subsequent dealings with the actor." Pardon granted after conviction frees the individual from all the penalties and legal disabilities and restores him to all his civil rights. But unless expressly grounded on the person's innocence (which is rare), it cannot bring back lost reputation for honesty, integrity and fair dealing. We are in full agreement with the commonly- held opinion that pardon does not ipso facto restore a convicted felon to public office necessarily relinquished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility for appointment to that office. Finally, petitioner has sought exemption from the payment of the civil indemnity imposed upon her by the sentence. The Court cannot oblige her. Civil liability arising from crime is governed by the Revised Penal Code. It subsists notwithstanding service of sentence, or for any reason the sentence is not served by pardon, amnesty or commutation of sentence. Petitioner's civil liability may only be extinguished by the same causes recognized in the Civil Code, namely: payment, loss of the thing due, remission of the debt, merger of the rights of creditor and debtor, compensation and novation. TSN Version : Facts : On March 25, 1983, the Sandiganbayan convicted petitioner Monsanto and 3 other accused, of the complex crime of estafa through falsification of documents and sentenced them to imprisonment of 4 years, 2 months and 1 day of prison correctional as minimum, to 10 years and 1 day of prision mayor as maximum. On appeal, her conviction was affirmed by the SC. She then filed a motion for reconsideration but pending said motion she was extended by the President absolute pardon which she accepted. By reason of said pardon petitioner wrote the city treasurer that she be restored to her former post since the same was still vacant. In the resolution, the Ministry of Finance ruled that petitioner may be reinstated to her former position without the
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