G.R. No. 4971: THE UNITED STATES, plaintiff, vs. AUGUSTUS HICKS, defendant.
Date: September 23, 1909

FACTS:
Augustus Hicks and Agustina Sola, an Afro-American and a Christian Moro woman, illicitly lived together for about five years (September 1902 to November 1907) in Parang, Cotabato. In November 1907, Agustina left Hicks and began living with her brother-in-law. A few days later, she started a new relationship with Corporal Wallace Current, who moved into her house.

On December 21, 1907, at approximately 7:30 p.m., Hicks, accompanied by a soldier named Lloyd Nickens, called at Agustina’s house. After conversing with Agustina in Moro, Hicks asked Corporal Current to come out. A short conversation ensued, during which Hicks asked Current, “Did I not tell you to leave this woman alone?” Current replied that Agustina no longer wanted to live with Hicks. Hicks then declared, “God damn, I have made up my mind.” As Hicks drew a revolver, Current grabbed his hand, but Hicks roughly pulled away, saying, “Don’t do that.” Current jumped into the room, and Hicks immediately fired at Agustina Sola, who was in the sala. The bullet struck her in the left breast, causing her death about an hour later.

Edward Robinson, also in the house, disarmed Hicks after the shot. Hicks fled but later surrendered to the chief of police, asking to be jailed. While in jail, he threw eight revolver cartridges out the window.

Hicks was charged with murder. He pleaded not guilty, claiming his revolver accidentally discharged when Current threatened him and Robinson grabbed him. However, this defense was contradicted by eyewitness testimonies. The trial court convicted Hicks of murder, qualified by treachery, and sentenced him to death, plus P1,000 indemnity. The case was elevated to the Supreme Court for review.

ISSUE:
Whether the accused, Augustus Hicks, is guilty of murder, and whether the qualifying circumstance of treachery and the aggravating circumstances of evident premeditation and dwelling were correctly applied.

RULING:
Yes. The Supreme Court affirmed the judgment of the trial court, finding Augustus Hicks guilty of the crime of murder, qualified by treachery, with the presence of evident premeditation and dwelling as aggravating circumstances.

The Court found that the facts constituted murder, defined and punished by Article 403 of the Penal Code, due to the presence of treachery (alevosia). The attack on Agustina Sola was sudden, rough, and unexpected, fired at close range while she was unarmed, unprepared, and engaged in a conversation concerning her. This ensured the consummation of the crime without risk to Hicks.

The Court also found two aggravating circumstances:
1. Evident Premeditation: This was manifest from Hicks’ actions. On the morning of the crime, he asked for leave from work, stating his mind was unsettled. Later, he told a witness, Eugenio Whited, that Agustina’s “time had come” and he would rather see her dead than with another man. He had a clean revolver and loaded cartridges, approached Agustina’s house courteously, and conversed calmly, disguising his intent to carry out his criminal design.
2. Dwelling: The crime was committed in the deceased’s home.

The Court rejected the defense’s claim of loss of reason and self-control due to jealousy as a mitigating circumstance. It held that only causes originating from legitimate feelings, not from “vicious, unworthy, and immoral passions,” could mitigate criminal responsibility for loss of self-control.

Given the qualifying circumstance of treachery and the generic aggravating circumstances of evident premeditation and dwelling, and the absence of any mitigating circumstances, the death penalty was correctly imposed. The Court affirmed the death sentence and ordered the accessory penalties of Article 53 of the Penal Code in the event of a pardon.