Practice question
A pardon validly forgives a final criminal punishment on grounds of mercy. In a separate proceeding lawfully requiring examination of the person’s past conduct, the recipient argues that the decision-maker must treat the underlying acts as historically nonexistent solely because of the pardon. No provision expunging the facts or barring the separate inquiry is identified. Which response best reflects Monsanto?
- Every pardon automatically orders all decision-makers to deny historical facts.
- A merciful grant is necessarily a judicial declaration of innocence.
- The punishment is forgiven within the grant’s scope, but the pardon alone does not erase the underlying conduct as a historical fact.
- All proceedings of every kind are automatically prohibited forever.
- A pardon retroactively proves that the criminal judgment was forged.
Legal references
- Monsanto v. Factoran, G.R. No. 78239, February 9, 1989, main decision: https://lawphil.net/judjuris/juri1989/feb1989/gr_78239_1989.html
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