Case Digest (G.R. No. 78133)
Facts:
In Salvacion A. Monsanto vs. Fulgencio S. Factoran, Jr. (252 Phil. 192, En Banc, February 9, 1989), petitioner Salvacion A. Monsanto, formerly Assistant City Treasurer of Calbayog, was in March 1983 convicted by the Sandiganbayan of the complex crime of estafa through falsification of public documents and sentenced to four years, two months and one day of prisión correccional as minimum and ten years and one day of prisión mayor as maximum, plus a ₱3,500 fine and joint indemnity of ₱4,892.50. She appealed to this Court, which affirmed her conviction. While her motion for reconsideration was pending, President Marcos granted her an absolute pardon on December 17, 1984, accepted by Monsanto on December 21, 1984. Monsanto then sought reinstatement to her former post, claiming that the pardon wiped out her conviction and related accessory penalties, including suspension and disqualification, and that she was entitled to back wages from her preventive suspension beginning August 1, 1Case Digest (G.R. No. 78133)
Facts:
- Criminal prosecution and conviction
- On March 25, 1983, the Sandiganbayan convicts Salvacion A. Monsanto (then Assistant City Treasurer of Calbayog) and three others of the complex crime of estafa through falsification of public documents; sentences imposed:
- Prision correccional, minimum of four years, two months and one day
- Prision mayor, maximum of ten years and one day
- Fine of ₱3,500 and joint indemnity to government of ₱4,892.50 plus costs
- Monsanto appeals; this Court affirms the conviction.
- Grant of pardon and administrative responses
- While her motion for reconsideration is pending, President Marcos grants an absolute pardon on December 17, 1984, which Monsanto accepts on December 21, 1984.
- Monsanto requests reinstatement to her former post as Assistant City Treasurer. The City Treasurer refers the request to the Ministry of Finance under the Local Government Code.
- On March 1, 1985, the Ministry of Finance rules she may be reinstated without a new appointment (effective December 17, 1984) but directs payment of the ₱4,892.50 indemnity and litigation costs.
- Monsanto seeks reconsideration (April 17, 1985), arguing that the pardon wiped out the conviction so her service was never interrupted, entitling her to backpay from August 1, 1982, and full exemption from indemnity. The Ministry refers the matter to the Office of the President.
- Executive Secretary’s resolution and petition for review
- On April 15, 1986, Deputy Executive Secretary Fulgencio S. Factoran, Jr. rules:
- Only acquittal (not pardon) restores a public officer with backpay; benefit of pardon does not remove accessory penalties or entitle automatic reinstatement
- Monsanto must secure a new appointment and pay the civil indemnity (pardon does not remit civil liability)
- Monsanto’s motion for reconsideration is denied; she files a petition for review with this Court.
- Petitioner’s core contention: a pardon issued before final conviction equates to an acquittal, thus no interruption of her employment and entitlement to reinstatement, backpay, and indemnity waiver.
Issues:
- Whether an absolute pardon automatically entitles a public officer to reinstatement to her former position without a new appointment.
- Whether an absolute pardon removes accessory penalties of disqualification from public office and suffrage.
- Whether a pardoned public officer is entitled to backpay for the period of preventive suspension.
- Whether an absolute pardon exempts the recipient from payment of civil indemnity imposed by the sentence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)