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Constitutional Law I: Case Digest
By: JUBERT T. MAQUILING
FACTS
In 1983, Salvacion Monsanto, the petitioner, who was assistant treasurer of Calbayog City was convicted
by the Sandiganbayan for the complex crime of estafa and was sentenced for imprisonment.
Monsanto appealed her conviction to the Supreme Court which affirmed the same. She then filed a
motion for reconsideration which during the pendency of that motion, she was extended pardon by
then President Marcos absolute pardon which she accepted on December 21, 1984.
By reason of the said pardon, Monsanto requested the Ministry of Finance that she be restored to her
former post, being vacant and stressing that the absolute pardon has wiped out the crime implying that
her service to the government has never been interrupted thus entitling her to reinstatement from the
date of her preventive suspension and a back pay.
The basic theory of the petitioner is that having her case pending final judgement during the extension
of executive clemency, her employment was therefore not terminated or forfeited.
ISSUE
Whether or not absolute pardon granted by Chief Executive entitles Monsanto reinstatement to her
former position without the need of a new appointment.
HELD
The Ministry of Finance referred the request of Monsanto to the Office of the President which gave a
statement through its Deputy Executive Secretary that it is only during an acquittal, not absolute
pardon, as the only ground for reinstatement of previous position and entitlement of salary payment of
a public officer.
The petitioner, being convicted for the crime of estafa with a penalty of prision correccional carries with
it the accessory penalty of suspension from public office.
The Supreme Court affirmed the resolution of Deputy Executive Secretary stating that the pardon
granted to the petitioner has resulted in removing her disqualification from holding public employment
but that cannot go beyond it. That to regain her former post, she must re‐apply and undergo the usual
procedure required for a new appointment. That in considering her qualifications and suitability for the
public post, the facts constituting her offense must be and should be evaluated and taken into account
to determine ultimately whether she can once again be entrusted with public funds.