N0NSAT0 v. FACT0RAN }R. u.R. No.

782S9 (Febiuaiy 9, 1989) BIuEST

!"#$"%&'( *+ ,'(-".'/ petitionei, vs. 01#23(%&' !+ 0"%.'4"(/ 54+/ iesponuent
6'(3(.37 Feinan, C.}.

0"%.-7

- Naich 2S, 198S, Sanuiganbayan convicteu petitionei Salvacion Nonsato (assistant tieasuiei of Calbayog
City) anu thiee otheis of the complex ciime of estafa thiu falsification of public uocuments.
- Nonsato appealeu hei conviction to the Supieme Couit, which subsequently affiimeu the same.
- She then fileu a motion foi ieconsiueiation but while saiu motion was penuing, she was extenueu on Bec.
17, 1984 by then Pies. Naicos an ABS0L0TE PARB0N, which she accepteu on Bec. 21, 1984. Because of the
saiu paiuon, Nonsato wiote to the Calbayog City Tieasuiei iequesting that she be iestoieu to hei foimei
post as assistant tieasuiei since the position was vacant.
- Nonsato's lettei-iequest was then iefeiieu to the Ninistiy of Finance in accoiuance with the Local
uoveinment Coue with states that the powei of appointment of tieasuieis was tiansfeiieu fiom the city
goveinment to saiu Ninistiy.
- Naich 1, 198S, the Finance Ninistiy iuleu that petitionei may be ieinstateu to hei position without the
necessity of a new appointment not eailiei than the uate she was extenueu the absolute paiuon. The
Ninistiy also uiiecteu the city tieasuiei to see to it that the amount, which the Sanuiganbayan hau iequiieu
the petitionei to pay, be inuemnifieu.
- Apiil 17, 198S, Nonsato stiesses that the full paiuon bestoweu on hei has wipeu out the ciime, which
implies that hei seivice in the goveinment has nevei been inteiiupteu anu theiefoie the uate of hei
ieinstatement shoulu coiiesponu to the uate of hei pieventive suspension. She also claims that she is
entitleu to backpay foi the entiie peiiou of hei suspension anu that she shoulu be iequiieu to pay the fine.
- Bowevei, on Apiil 1S, 1986, then Beputy Exec. Secietaiy, Fulgenio S. Factoian, }i. uisagiees with both the
Ninistiy of Finance anu Nonsato, because, as boine out by the iecoius, petitionei was convicteu of the
ciime foi which she was accuseu. Be helu that using pievious couit iulings that acquittal, not absolute
paiuon, of a foimei public officei is the only giounu foi ieinstatement to his foimei position anu
entitlement to payment of his salaiies, benefits, anu emoluments uue to him uuiing the peiiou of his
suspension penuente lite. Bence, this petition of Nonsato against Beputy Exec. Sec. Factoian.

8--137

WN Salvacion Nonsato, who has been gianteu an absolute paiuon by the Chief Executive, is entitleu to
ieinstatement to hei foimei position.

93#:7
N0, the Supieme Couit helu that Salvacion Nonsato is N0T ENTITLEB to an automatic ieinstatement.

;".&'7
The Supieme Couit affiims the uecision helu by Beputy Exec. Secietaiy Factoian, which states:
"In line with the goveinment's ciusaue to iestoie absolute honesty in public seivice, the 0ffice auopts, as a juiiuical
guiue (Niianua v. Impeiial, 77 Phil. 1966), the Resolution of the Sanuiganbayan, 2nu Bivision, in People v. Lising,
Ciim. Case No. 667S, 0ctobei 4, 198S, that acquittal, not absolute paiuon, of a foimei public officei is the only
giounu foi ieinstatement to his foimei position anu entitlement to payment of his salaiies, benefits anu
emoluments uue to him uuiing the peiiou of his suspension penuente lite."

Paiuon iemoves all penalties anu legal uisabilities but it uoes not iestoie legal office alieauy foifeiteu. Since,
howevei, hei uisqualification has been iemoveu, it qualifies hei to apply foi a new appointment. In fact, in such a
situation, the foimei public official must secuie a ieappointment befoie he can ieassume his foimei position.

Petitionei's theoiy of paiuon cannot apply to hei case by ieason of the fact that she was extenueu executive
clemency while hei conviction was still penuing appeal in this Couit. Baving no final juugment of conviction, hei
employment theiefoie as assistant city tieasuiei coulu not have been teiminateu oi foifeiteu. In othei woius,
N0NSAT0 v. FACT0RAN }R. u.R. No. 782S9 (Febiuaiy 9, 1989) BIuEST

without that final juugment of conviction, the accessoiy penalty of foifeituie of office uiu not attach anu the status
of hei employment iemaineu "suspenueu."

Noie impoitantly, when paiuon was issueu befoie the final veiuict of guilt, it was an acquittal because theie was
no offense to speak of. In effect, the Piesiuent has ueclaieu hei not guilty of the ciime chaigeu anu has accoiuingly
uismisseu the same.

Finally, petitionei has sought exemption fiom the payment of the inuemnity imposeu upon hei by the sentence.
The Couit cannot oblige hei. Civil liability aiising fiom ciime is goveineu by the Reviseu Penal Coue. It subsists
notwithstanuing seivice of sentence, oi foi any ieason the sentence is not seiveu by paiuon, amnesty oi
commutation of sentence. Petitionei's civil liability may only be extinguisheu\by the same causes iecognizeu in the
Civil Coue, namely: payment, loss of the thing uue, iemission of the uebt, meigei of the iights of cieuitoi anu
uebtoi, compensation anu novation.

<&-='-&.&'(7

WBEREF0RE, the assaileu iesolution of foimei Beputy Executive Secietaiy Fulgencio S. Factoian, }i., uateu Apiil
1S, 1986, is AFFIRNEB. No costs.

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