61 SCRA 341 (1935)People vs. ReyesG. R. No. 42117 (29 March 1935)Facts:Fausta Tavera had been living with Gregorio Reyes for a couple of weeks. Her parents, however, persuaded her to return home and demanded that Reyes pay a dowry of 30.00 php before the date of the celebration of the marriage could be fixed.On the evening of April 30, 1934, following a barrio procession, an impromptu dance took place and Reyes and Tavera had been talking in the yard of the house where the dance is being held. Tavern told Reyes that she could not return to him and that she was going with her parents to Catanduanes. Reyes then dragged Tavera towards the street and stabbed her in the chest with a fan knife. Tavern ran to the house of the barrio lieutenant, a short distance away, falling dead, though the wound is only slight on account of not having penetrated the thoracic cavity.Relatives of the deceased attempted to seize Reyes, but with the aid of his knife escaped.

Issue:Whether or not the mitigating circumstance of provocation may be appreciated

Held:No, it cannot be appreciated. The trial court considered provocation as mitigating circumstance based on the testimony of appellant that he had been attacked overlooking the fact that the law requires that the provocation come from the offended party. Certainly, Tavera did not attack Reyes and her refusal to renew her illicit relationship with him can hardly be construed as a legal provocation.On a review of the evidence, the Court is convinced that Reyes is guilty beyond reasonable doubt of the crime of homicide.