US v.

HICKS
September 23, 1909 | Torres, J.
Passion & obfuscation Arising from sentiments

DOCTRINE: The only causes which mitigate the criminal responsibility for the loss of self-control are such which originate from
legitimate feelings, not those which arise from vicious, unworthy, and immoral passions.
CASE SUMMARY: Hicks visited the house of Sola, who was his former mistress. When he was talking to Solas new lover, Current, Hick
drew his revolver and shot Sola in the chest, which caused his death. The trial court convicted him of muder with a penalty of death. SC
upheld the decision, because of the presence of treachery and other aggravating circumstances of premeditation and the fact the crime was
committed in the dwelling place of the deceased. The mitigating circumstance of loss of reason and self-control was also not afforded to
the accused.

FACTS:
For 5 years, Augustus Hicks, an Afro-American, and his mistress Agustina Sola, a Christian Moro woman, were illicitly living
together. However, Sola quitted living with Hicks.
A few days later, she contracted a new relationship with Corporal Wallace Current, another negro, who then went to live with her
in the house of her brother-in-law.
One evening, Hicks, with soldier Lloyd Nickens, went to the said house. He shooked hands and started conversing with Current.
But, Current told Hicks that Sola did not want to live with Hicks anymore, which promted Hicks to pull out his revolver and fired
at Sola who was close by in the sala. The bullet hit the left side of her breast.
Hicks gave himself up to the police even before the police received the information of the killing.
He pleaded not guilty. His defense was that when he fell backward when Current seized him, his revolver wen off hitting the
deceased. The trial court convicted him with the crime of murder with the penalty of death.

ISSUE: WON Hicks can avail of himself of the mitigating circumstance of passion and obfuscation when he killed Sola, his former
mistress? NO

RULING:
The only causes which mitigate the criminal responsibility for the loss of self-control are such which originate from legitimate
feelings, not those which arise from vicious, unworthy, and immoral passions.
Likewise, the crime was committed with the presence of treachery (alevosia), as Sola was unexpectedly fired at close range while
she was unarmed and unprepared at a time she was just listening to a conversation.
The presence of other aggravating circumstances, such as premeditation and the fact that the crime was committed in the
dwelling of the deceased. Premeditation was proven when Hicks asked a leave to be absent from work and that he was carrying
a loaded revolver when he had lunch that day. It was also testified that Hicks was heard that the time of Sola had come.

DISPOSITION: The decision of the trial court is affirmed.

NOTES:
This should be compared with People v. Dela Cruz, wherein the accused killed his querida when he saw her sleeping with his acquaintance.
In the latter case, the SC held that there was the mitigating circumstance of passion of obfuscation. While in this case, the SC did not grant
the same mitigating circumstance.

Once you go black, youll never go black. :)))