FRANCISCO I.

CHAVEZ, in his capacity as Solicitor General, petitioner

vs.
THE HON. SANDIGANBAYAN (First Division) and JUAN PONCE ENRILE, respondents.

PETITIONER

Civil case was filed against Enrile in the Sandiganbayan for alleged illegal activities made
by Enrile during the Marcos era. Enrile filed a motion to dismiss and compulsory counter-
claim.

Chavez and the PCGG officials raised the defense that they are immune from suit by
virtue of Sec. 4 of Executive Order NO. 1. 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.

Sol. Gen. Chavez defended himself by saying that he was acting as a counsel and cannot
by made a defendant in a counter-claim.

RESPONDENT

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.

In the counter-claim Enrile moved to implead Chavez and other PCGG officials on the
basis that the casefield agaisnt him was a “harassment suit”. The motion to implead
Chavez and others was granted by the Sandiganbayan.

Issue: W h e t h e r o r n o t S o l . G e n . C h a v e z c a n b e m a d e l i a b l e f o r d a m a g e s i n f i l i n g
t h e s u i t a g a i n s t 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

WHEREFORE, the present petition is GRANTED. The questioned resolutions of the Sandiganbayan are
SET ASIDE insofar as they allow the counterclaim filed against the petitioner.