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    23 views7 pages

    People V Chua Hiong PDF

    Uploaded by

    aiceljoy

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    ‘MOBGSTO &. TNA, JA, 1932 OFFICIAL GAZETTE [No, 10413-R, October 20, 1954] ‘THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs, FEDERICO M. CHUA HIONG, defendant and appellant (Cemmiat, Law; LIBEL; PERSON LipeLteD JusTirteD To Hirt Back ‘WITH ANOTHER LIBBL. -. Self defense is man's inbom right. In 2 piysical assault retaliation becomes unlawful after the atlack ‘bas ceased, because there would be no further harm to repel. But that is aot the case when it is aimed at a person's good ‘name, Once the aspersion is cost, its sting clings and the one thas (defamed may avail himseif of all necessary means to shake i of. He may hit back with another libel which, if adequate will be Justified, : APPEAL from a judgment of the Court of First Instance of Manila. Macadaeg J “The facts are stated in the opinion of the court Claro M. Recto, for defendant and appellant. First Assistant Solicitor General Ruperto Kapunan, Jr, and Solicttor Ramon L. Avancefa, for plaintiff and appelice. MARTINEZ, J. The case is one of libel. After trial defendant herein, Federico M. Chua Hiong was found guilty of the crime and accordingly, was sentenced to the indeterminate penalty of from 3 months and 11 days ofarresio méyor to 1 year, 8 months and 21 days of prison correccional, He comes now on appeal on the following assigument of errors: ““L, The lower court erred in holding that Exhibit B was published to answer Soliongco’s "Seriously Speaking” column and not Cesario ‘Gocheco’s article entitled “Doubtful Citizenship” (Exhibit 2). “2, The lower court erred in not holding that Cesario Gocheco’s artcie, Exhibit 2, “Doubtful Citezenship” comains derogatory {mutations against the accused.” “3, The lower court erred in not holding thatthe article, Exhibit 3, is qualified privileged, 4, The Jower court ered in holding tat the truth ofthe matters contained inthe article, Exhibit 8, have not been proven and that said ‘artcle was not published with good motives and for justiiable ends, Appellant assumes full authorship of the alleged libelous ‘publication whose important part, as quoted in the information, reads thus: “+ ¢ + This investigation was onfy 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 ppersceution mania in order (9 besmirch my nase and reputation and harass me and my family To my etemal shame and misfortune, Mr. Cesario T. Gocheco is ry nephew. As soch, be is cognizant of al ofthe fucts of my life for tne has Imown me for the past 25 years, During al these years, he knew that Tama Filipino and had every rightto do so, He knew that Tam Vol, 51No.4 April, 1955 i ‘ 2 OFFICIAL GAZETTE. doing business asa Filipino, and exercised the sights aad prerogatives of a Filipino citizen but daring all hose years, he never lifted a finger ‘of protest and did not even whisper 2 word of malice aguinst me and ‘my family. Why then, this sudden concern over my citizenship? Why, ‘this mad desire to bring barm to me and my family? ‘The reason i no hard to find ~ personal revenge isthe moving passion ia this drama of intrigues and persecution to which 1 and my family have been subjected. “It is eagy to imagine the gloom, despondency and despuir, that ‘ust have seized the Gocheco family when the above decision was ‘handed down as that would divest them of everything that they Dow ‘have and thus face stark poverty.” “Suit Inter, the same “Benlto Solipco” sent me, by mai, a piece of rope apparently implying tat should hang myself wih is counterpart. {tis obvious that the name “Benito Solipco” is fictitious, as it is the ‘ost natural thing that my ensmies should cowardly hide behind the loak of anonymity, bu, ane need not stretch the imagination 100 far to beable to gues who must be the “mastermind” behind these threats. “Although defeated and thwarted at every end, my enemies will ‘cecp on tying, and from all indications, they have now resoried to the press with their campaign of vilification and persecution. In this ‘campaign, I fee! confident that they wil fail because Lam sure that the public will see through their false propaganda and will not be misled Into believing their lies as against the clean slate given me by the diferent government agencies. But, failing all these, my enemies have ‘one Iast resort which is that of “killing” or “liquidating” me through hired assassins as indicated in their thealening letters. pray that a just ‘and merciful God shall not permit this to pass ~ but if that should be ny fate Tam not afmid When, as and if 1 should meet death by ‘violence in the hands of my enemies, [have given proper instmctions to my kin and foyal friends to the eid thet the guilty party or parties stall not escape the long arm of the law andl rake them pay the full ‘penalty exacted by the laws of decent society. 1 shall not be difficult 10 ferret out the calpsits as the Gager of guilt shall point unemringly 10 them and the handwiting on the wal is clear and unmistakable! “For ‘what could be better oF more convenient to my enomies than my untimely death, or for that matter my deportation from this country had they been sble to prove their charges filed with the different ‘government agencies? What better or more convenient weapon can my ‘enemies avail of than this systematic and malicious persecution in order 10 coerce or cajole me into submiting to their demands that I should desist from proceeding with the civil case Thave instituted against the Gocheco family which shall untimely result in reducing tham to the poverty of the proverbial charck-mouse?” ‘With thi, the Fiscal maintains that appellant

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