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Case Digest
TOPIC: Executive Clemencies
DOCTRINE: Civil liability from a crime committed is not extinguished by a
pardon; Pardon granted after conviction frees the individual from all the
penalties and legal disabilities and restores him to all his civil rights.
CASE Number (including date): GR No. 78239; February 9, 1989
CASE Name: Monsanto v. Factoran
Ponente: Fernan
FACTS
March 25, 1983: Sandiganbayan convicted Salvacion Monsanto (then
asst. treasurer of Calbayog City + 3 others of estafa through falsification
of public docs
She filed for a Motion for reconsideration, while this was pending, she
was given by Marcos an absolute pardon
o
salaries, benefits and emoluments due to him during the period of his
suspension pendente lite.
o
NO.
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 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.
that pardon does not ipso facto restore a convicted felon to public
office necessarily relinquished or forfeited by reason of the
RULING:
WHEREFORE, the assailed resolution of former Deputy Executive Secretary Fulgencio S. Factoran,
Jr., dated April 15, 1986, is AFFIRMED. No costs.