University of the Philippines College of Law

AML, D 2021

Topic Mitigating Circumstances: Passion or Obfuscation

Case No. G.R. 4971, 23 September 1909 (014 Phil. 217)
Case Name U.S. v. Hicks
Ponente Torres, J. (First Division)

DOCTRINE
Murder, alevosia (its a-leh-voh-SEE-ya, not a-leh-voh-SHA), and premeditation. alevosia or treachery,
and premeditation as qualifying circumstances for the charge of murder counter the applicability of
mitigating circumstance of passion.
Loss of reason or self-control, as arising from jealousy, must stem from legitimate feelings, not from
vicious, unworthy, and immoral passions.

SUMMARY
Accused Hicks shot his ex-mistress Agustina Sola, while the latter was with her new lover Current, in her
brother-in-laws home, unexpectedly. Hicks claimed shooting was due to loss of self-control from
jealousy, counter to the fact that he had prepared for the attack with a clean and loaded revolver, acting
normally as to execute his plan. Guilt is affirmed, death penalty to be meted.

RELEVANT FACTS
Hicks and victim Sola lived illicitly from September 1902 to November 1907 in Parang, Cotabato, Moro
Province until Sola separated to live with her brother-in-law and later contracted relations with Corporal
Wallace.
21 December, 7:30 PM Hicks, with a soldier named Nickens called at said house for Sola. After conversing
with her, Corporal Wallace appeared. After exchanging questions, Hicks said he had made up [his] mind,
drew a revolver. Current tried to stop Hicks but the latter pulled his hand away. Current hid from Hicks,
thereafter the latter fired at Sola, killing her within an hour after the shot.
Robinson, who was also in the house, rushed to take the weapon from the accused. Hicks then gave
himself up to the town police chief to be incarcerated, after which he threw out eight cartridges which
were later recovered and delivered to the chief.
On a table in accuseds home was found several loaded cartridges, a bottle of oil, and a piece of cloth
undoubtedly for cleaning the murder weapon.

ISSUES
Whether or not the circumstances constituted a charge of murder; and
Whether or not mitigating circumstances are present, specifically loss of reason and self-control

RATIO DECIDENDI

Issue
Whether or not the
circumstances constituted a
charge of murder
Whether or not mitigating
circumstances are present,
specifically loss of reason and
Ratio
YES.
The accused committed the crime with the qualifying circumstance of
treachery where he presented to come in good faith but later killed Sola
unexpectedly, the victim having no opportunity to protect herself believing
accused came in good faith.
Premeditation was likewise established by the planning and cleaning of the
revolver.
NO.
Deliberate and due reflection to commit the crime, and preparing the

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 University of the Philippines College of Law
AML, D 2021
self-control weapon proved contrary to the claim of loss of self-control or of reason.
Mitigating criminal responsibility for the said causes can only be considered
if the same arise from legitimate feelings and not from vicious, unworthy,
and immoral passions.

DISPOSITIVE PORTION
From the foregoing considerations, and as the judgment appealed from is in accordance with the law, it is our
opinion that the same should be affirmed, as we do hereby affirm it with costs, provided, however, that the death
penalty shall be executed according to the law in force, and that in the event of a pardon being granted, the
culprit shall suffer the accessory penalties of article 53 of the Penal Code unless the same be expressly remitted in
the pardon. So ordered.