MONSANTO

Whether a public officer, While we are prepared to concede that pardon

who has been granted an may remit all the penal consequences of a
March 25, 1983, the Sandiganbayan convicted absolute pardon by the criminal indictment if only to give meaning to
petitioner Monsanto (then assistant treasurer of Chief Executive, is entitled the fiat that a pardon, we do not subscribe to
Calbayog City) to reinstatement to her the fictitious belief that pardon blots out the
• complex crime of estafa thru falsification of former position without guilt of an individual and that once he is
public documents need of a new appointment. absolved, he should be treated as if he were
• sentence was prision correctional as NO. innocent.
minimum to prision mayor as max and fine
of P3,500 Pardon granted after conviction frees the
• indemnify the gov't P4,892.40 representing individual from all the penalties and legal
the amount defrauded disabilities and restores him to all his civil
rights
PM appealed her conviction and then filed an MR. • it cannot bring back lost reputation
• while motion was pending, Marcos extended • restores a convicted felon to public
in Dec. 1984 absolute pardon, which she office necessarily relinquished or
accepted forfeited by reason of the
• PM wrote to Calbayog City treasurer that she conviction although such pardon
be restored to her former post since still undoubtedly restores his eligibility
vacant for appointment to that office
o Referred to the ministry of
finance A pardon, albeit full and plenary, cannot
preclude the appointing power from refusing
Finance Ministry ruled appointment to anyone deemed to be of bad
• PM be reinstated without the necessity of a character, a poor moral risk, or who is
new appointment unsuitable by reason of the pardoned
o not earlier than the date she was conviction.
extended absolute p
• requested that the amount which SB had PM is ineligible to hold public office forms part
required her to indemnify the gov't and of her punishment
costs of litigation be satisfied • the pardon granted to petitioner has
resulted in removing her
PM wrote to Ministry seeking reconsideration disqualification from holding public
• stressed FP wiped out the crime which employment BUT it cannot go
implies that her service in the go'vt has beyond that
never been interrupted • To regain her former post as assistant
o date of reinstatement should city treasurer, she must re-apply
correspond to the date of her and undergo the usual procedure
suspension, Aug. 1, 1982 required for a new appointment.
o entitled to backpay for the entire
period of suspension
o she should not be required to
pay share of P4,892.50