Monsod Vs Factoran
Monsod Vs Factoran
Monsod Vs Factoran
FULGENCIO
S.
FACTORAN,
FACTS:
In a decision rendered on March 25, 1983, the Sandiganbayan convicted petitioner
Salvacion A. Monsanto (then assistant treasurer of Calbayog City) and three other
accused, of the complex crime of estafa thru falsification of public documents and
sentenced them to imprisonment of four (4) years, two (2) months and one (1) day
ofprision correccional as minimum, to ten (10) years and one (1) day of prision mayor as
maximum, and to pay a fine of P3,500. They were further ordered to jointly and
severally indemnify the government in the sum of P4,892.50 representing the balance
of the amount defrauded and to pay the costs proportionately.
Petitioner Monsanto appealed her conviction to this Court which subsequently affirmed
the same. She then filed a motion for reconsideration but while said motion was
pending, she was extended on December 17, 1984 by then President Marcos absolute
pardon which she accepted on December 21, 1984.
By reason of said pardon, petitioner wrote the Calbayog City treasurer requesting that
she be restored to her former post as assistant city treasurer since the same was still
vacant. The request was referred to the Ministry of Finance for resolution. The Finance
Ministry ruled that petitioner may be reinstated to her position without the necessity of
a new appointment not earlier than the date she was extended the absolute pardon. It
also directed the city treasurer to see to it that the amount of P4,892.50 which the
Sandiganbayan had required to be indemnified in favor of the government as well as the
costs of the litigation, be satisfied.
Seeking reconsideration of the foregoing ruling, petitioner wrote the Ministry on April
17, 1985 stressing that the full pardon bestowed on her has wiped out the crime which
implies that her service in the government has never been interrupted and therefore the
date of her reinstatement should correspond to the date of her preventive suspension
which is August 1, 1982; that she is entitled to backpay for the entire period of her
suspension; and that she should not be required to pay the proportionate share of the
amount of P4,892.50.
The Ministry of Finance, however, referred petitioner's letter to the Office of the
President for further review and action. The Office of the President held that Salvacion
Monsanto is not entitled to an automatic reinstatement. It further stated that acquittal,
not absolute pardon, of a former public officer is the only ground for reinstatement to
his former position and entitlement to payment of his salaries, benefits and emoluments
due to him during the period of his suspension pendent lite. In fact, in such a situation,
the former public official must secure a reappointment before he can reassume his
former position. As regards to the civil liability, the Revised Penal Code expressly
provides that "a pardon shall in no case exempt the culprit from payment of the civil
indemnity imposed upon him by the sentence." (Sec. 36, par. 2).
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.