Practice question
A former public employee receives a valid pardon expressly restoring the relevant civil and political rights. She satisfies all qualifications to apply for a vacant post but claims the pardon requires the appointing authority to choose her over every other qualified applicant, without a new appointment. Which answer best follows Monsanto?
- Restored eligibility necessarily compels selection of the recipient for a vacancy.
- Clemency can restore eligibility without automatically awarding the office or eliminating the need for a lawful appointment.
- The pardon prohibits her from ever applying to government service.
- A vacant office becomes private property of every pardon recipient.
- A pardon gives its holder the power to appoint herself.
Legal references
- Monsanto v. Factoran, G.R. No. 78239, February 9, 1989, main decision: https://lawphil.net/judjuris/juri1989/feb1989/gr_78239_1989.html
- Revised Penal Code, Article 36: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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