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  • People vs. Chua Hiong

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    Alfonso Miguel Dimla
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    1) Chua Hiong published an article in response to libelous claims made against him in a newspaper article published by his nephew Cesareo Gacheco. 2) The Supreme Court ruled that Hiong's response was a justified act of self-defense, as self-defense applies to libel in order to counteract the damage done by the original libelous claims. 3) Hiong was entitled to defend himself against the accusations that questioned his citizenship and character in order to dispel the negative impression created by his nephew's initial article.

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    7. People vs. Chua Hiong

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    1) Chua Hiong published an article in response to libelous claims made against him in a newspaper article published by his nephew Cesareo Gacheco. 2) The Supreme Court ruled that Hiong's response was a justified act of self-defense, as self-defense applies to libel in order to counteract the damage done by the original libelous claims. 3) Hiong was entitled to defend himself against the accusations that questioned his citizenship and character in order to dispel the negative impression created by his nephew's initial article.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    180 views2 pages

    People vs. Chua Hiong

    Uploaded by

    Alfonso Miguel Dimla
    1) Chua Hiong published an article in response to libelous claims made against him in a newspaper article published by his nephew Cesareo Gacheco. 2) The Supreme Court ruled that Hiong's response was a justified act of self-defense, as self-defense applies to libel in order to counteract the damage done by the original libelous claims. 3) Hiong was entitled to defend himself against the accusations that questioned his citizenship and character in order to dispel the negative impression created by his nephew's initial article.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    PEOPLE v.

    CHUA HIONG
    G.R. No. 10413-R | OCTOBER 20, 1954|
    Justifying Circumstances – Self Defense

    DOCTRINE:

    Self-defense applies to libel. Person libelled justified to hit back with another libel.

    FACTS:

    • Federico Chua Hiong is the uncle of Cesareo


    • Gacheco. Gacheco and his family were defeated in a civil case in the CFI of Manila, which, if not overturned by
    the SC, would lead to Gacheco and co. losing 2/3s of the inheritance left by a Paulino Gacheco.
    • Hiong sided with the party that defeated Gacheco.
    • This created tension and Gacheco wrote the Chief Finance Agent of the Department of Finance charging Hiong
    with tax evasion and the use of fake citizenship. He then wrote a letter to Vice President Fernando Lopez
    accusing Hiong of illegal transactions with the government.
    • A letter was written by a certain Benito Solipco to Hiong. (The SC says Solipco was undoubtedly if not Gacheco
    himself, acting under Gacheco’s inducement.) It said that the members of the Go Family Association, of which
    Gocheco belonged, told Solipco that they will make every vengeance against Hiong, such as paying some persons
    to kill him, or reporting him to every Philippine Government Authority that he is a communist and other kinds of
    vengeance. The letter warned Hiong to be careful as the Go Family were all his enemies now and that they will
    make every vengeance against him at all cost. The letter was contained in an envelope along with a rope which
    contained a note saying “this serves for your personal use.”
    • Hiong received threats on the phone and was denounced as a communist through anonymous letters.
    • Gocheco then caused to be published articles entitled “Doubtful Citizenship” in the Feb 11, 1952 issue of the
    Manila Chronicle. It said that while the Commissioner of Immigration had certain evidences supporting the
    Filipino citizenship of Hiong, the Commissioner’s decision was based on questionable proofs.
    • In response, Hiong caused “Seriously Speaking” to be published in the Manila Chronicle. It said: “This
    investigation was only one of a series of other investigations conducted by different agencies of our government
    at the instigation of Mr. Gocheco, who appears to be obsessed with a persecution mania in order to besmirch my
    name and reputation and harass me and my family. To my eternal shame and misfortune, Mr. Cesario T.
    Gocheco is my nephew. As such, he is cognizant of all of the facts of my life for he has known me for the past 25
    years….Why then this sudden concern over my citizenship? Why this mad desire to bring harm to me and my
    family? The reason is not hard to find – personal revenge is the moving passion in this drama of intrigues and
    persecution to which I and my family have been subjected.… It is easy to imagine the gloom, despondency and
    despair, that must have seized the Gocheco family when the above decision was handed down as that would
    divest them of everything that they now have and thus face stark poverty… It is obvious that the name “ Benito
    Sulipco” is fictitious, as it is the most natural thing that my enemies should cowardly hide behind the cloak of
    anonymity, but, one need not stretch the imagination too far to be able to guess the “mastermind behind these
    threats... For what could be better or more convenient to my enemies than my untimely death, or for that
    matter, my deportation from this country had they been able to prove their charges filed with the different
    government agencies. What better or more convenient weapon can my enemies avail of then a this systematic
    and malicious persecution in order to coerce or cajole me into submitting to their demands that I should desist
    from proceeding with the civil case I have instituted against the Gocheco family which shall ultimately reduce
    them to the poverty of theproverbial church- mouse?”
    • Because of the article above, Hiong was found guilty of libel by the RTC. He now appeals.

    ISSUE: WON Chua Hiong’s libelous publication was a proper act of self-defense. – YES.

    HELD:

    • Self-defense applies to the crime of libel.


    • Self-defense is a man’s inborn right.
    • In a physical assault, retaliation becomes unlawful after the attack has ceased, because there would be no
    further harm to repel.
    • But that is not the case when it is aimed at a person’s good name. Once the aspersion is cast its sting, clings and
    the one thus defamed may avail himself of all necessary means to shake it off. He may hit back with another
    libel which, if adequate, will be justified.
    • Granting that the “Seriously Speaking” column of the Manila Chronicle caused by Hiong was libelous, is it
    unnecessarily libelous? It was intended to counteract the impression left in the mind of the public by the article
    “Doubtful Citizenship” which Gocheco caused to be published in the Manila Chronicle on Feb. 11, 1952.
    • Hiong was living as a Filipino, his livelihood depended mainly upon enterprises only Filipinos can engage in. It is
    perfectly conceivable that any attempt to assail his Filipino citizenship should meet the keenest defense from
    him.
    • To flout in public the genuineness of one’s citizenship is slanderous, nobody would dare deny, the more so
    Hiong’s case for obvious reasons.
    • The Doubtful Citizenship column makes it appear that his citizenship was acquired through questionable means
    and that an investigation is currently being conducted with respect to the legality of his citizenship.
    • Gocheco’s purpose was to malign Hiong. Because he lost in the civil case, Gocheco decided to air his grievances
    through the press. Hiong’s Seriously Speaking Column is not necessarily libelous because Hiong is entitled to
    show Gocheco’s motive behind Doubtful Citizenship and to dispel the bad impression about him of those who
    had read it.

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