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Chavez vs.

Sandiganbayan Facts: Civil case was filed against Enrile in the Sandiganbayan for alleged illegal activities made by Enrile during the Marcos era. Enrirle filed a motion to dismiss and compulsory counter-claim. In the counter-claim Enrile moved to implead Chavez and other PCGG officials on the basis that the case field agaisnt him was a harassment suit. The motion to implead Chavez and others was granted by the Sandiganbayan. Chavez and the PCGG officials raised the defense that they are immune from suit by virtue of Sec. 4 of Executive Order NO. 1. It was found in the records of the PCGG, declared by Jovito Salonga, the there are no proof linking Enrile with the illegal activities performed by Marcos. It was further averred that the case filed against Enrile was instigated by Sol. Gen. Chavez. Sol. Gen. Chavez defended himself by saying that he was acting as a counsel and cannot by made a defendant in a counter-claim. Issue: Whether or not Sol. Gen. Chavez can be made liable for damages in filing the suit against Enrile. Held: The court held that the grounds for allowing the compulsory counter-claim of Enrile was based on the malice or bad faith of Chavez in filing the suit. It was further stated by the court that immunity from suit is granted only because of the fact that the Commission has a multitude of task. Immunity for suit on members of the PCGG and other public officers is available only if such officers are acting in good faith and in the performance of their duty. If the acts done are tainted with bad faith or in excess of authority they can be held liable personally for damages. In the case at bar the Sol. Gen. exceeded his authority and his act is tainted with bad faith by filing baseless suit against Enrile. His office does not give him the license to prosecute recklessly to the injury of another. Thus he is made liable fro his actions in the opinion of the court.