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Question grant of executive clemency

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basilmoto
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6 years 9 months ago #268 by basilmoto

basilmoto created the topic: grant of executive clemency

Sir/maam: Just want to know if the grant of the removal of administrative penalties or disabilities by the President carries with it the restoration of the CS eligibility? What will happen to the period of govt service of the dismissed employee, will it be added to his/her new record if being re-employed?

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6 years 9 months ago #275 by Action Officer

Action Officer replied the topic: grant of executive clemency

Please be informed that as a matter of policy, we do not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal.

However, it is worth emphasizing that it is firmly established that while a pardon has generally been regarded as blotting out the existence of guilt so that in the eyes of the law the offender is as innocent as though he never committed the offense, it does not operate for all purposes. The very essence of a pardon is forgiveness or remission of guilt and not forgetfulness. It does not erase the fact of the commission of the crime and the conviction thereof. Pardon frees the individual from all the penalties and legal disabilities and restores to him all his civil rights. Unless expressly grounded on the person's innocence, it cannot bring back lost reputation for honesty, integrity and fair dealing. The pardoned offender regains his eligibility for appointment to public office which was forfeited by reason of the conviction of the offense. But since pardon does not generally result in automatic reinstatement because the offender has to apply for reappointment, he is not entitled to back wages.

Meaning the grant of executive clemency does not carry with it the restoration of the CS eligibility unless expressly stated by the President and the period that he/she was out of the government service shall be considered as a gap from the service.

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basilmoto
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6 years 9 months ago #279 by basilmoto

basilmoto replied the topic: grant of executive clemency

thank you sir/maam.

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