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	GR No. 125440 2000-01-31	GENERAL BANK v. OMBUDSMAN GONZAGA-REYES, J.
We affirm the finding that respondent ASG de Leon cannot be held criminally liable for violating Section 3 (e) of RA 3019. In defending the Central Bank, respondent was performing his legal duty to defend the interest of the Government and was merely pursuing the position taken by it. Whatever legal services respondent ASG de Leon rendered in favor of the Central Bank in Spec. Proc. No. 107812/CA-G.R. CV No. 39939 were made in his official capacity as a member of the legal staff of the OSG. We note that in all of the pleadings filed by the OSG in Spec. Proc. No. 107812/CA-G.R. CV No. 39939, the signature of respondent ASG de Leon appeared therein as Solicitor and later on as Assistant Solicitor General. However, it must be noted that these pleadings also bore the signatures of the Solicitor General and other members of the legal staff of the Office of the Solicitor General.[12]