SOBIACO, CLEOFE

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.

ISSUE: Whether or not Hicks can avail of himself of the mitigating circumstance of
passion and obfuscation when he killed Sola, his former mistress?

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.

Ruling:
NO. 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.
Facts: For about five years, the accused and the deceased livid illicitly in the manner of
husband and wife. Afterwards, the deceased seprated from the accused and lived with
another man. The accused Hicks engraged by such conduct, killed the deceased.

Held: Even if t is true that the accused cted with obfuscation because jealousy, the
mitigating circumstance cannot be considered in his favor because the causes which
mitigate criminal responsibility for the loss of self-control are such which originate from
legitimate feelings, and not those which arise from vicious,unworthy and immoral
passions.
In this case the cause of passion and obfuscation of the accused was his vexation,
disappointment and anger endangered by the refusal of the woman to continue to live in
illicit relation with himm,which she had a perfect right to do.