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    Tenchavez Vs Escano

    Uploaded by

    King Bautista
    This case involved Vicenta Escano who married Pastor Tenchavez in the Philippines but then left for the United States where she obtained a divorce and remarried. When she returned to the Philippines, Tenchavez filed a complaint arguing the divorce was invalid. The Supreme Court of the Philippines held that the Philippines does not recognize divorce between Filipino citizens. Therefore, the divorce Escano obtained abroad was not valid or binding in the Philippines. As a result, in the eyes of Philippine law, Tenchavez and Escano remained married. The court modified the decision to grant Tenchavez legal separation from Escano and award damages.

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    Tenchavez Vs Escano

    Uploaded by

    King Bautista
    38 views1 page
    This case involved Vicenta Escano who married Pastor Tenchavez in the Philippines but then left for the United States where she obtained a divorce and remarried. When she returned to the Philippines, Tenchavez filed a complaint arguing the divorce was invalid. The Supreme Court of the Philippines held that the Philippines does not recognize divorce between Filipino citizens. Therefore, the divorce Escano obtained abroad was not valid or binding in the Philippines. As a result, in the eyes of Philippine law, Tenchavez and Escano remained married. The court modified the decision to grant Tenchavez legal separation from Escano and award damages.

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    Tenchavez vs Escano digest

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    Tenchavez vs Escano

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    This case involved Vicenta Escano who married Pastor Tenchavez in the Philippines but then left for the United States where she obtained a divorce and remarried. When she returned to the Philippines, Tenchavez filed a complaint arguing the divorce was invalid. The Supreme Court of the Philippines held that the Philippines does not recognize divorce between Filipino citizens. Therefore, the divorce Escano obtained abroad was not valid or binding in the Philippines. As a result, in the eyes of Philippine law, Tenchavez and Escano remained married. The court modified the decision to grant Tenchavez legal separation from Escano and award damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views1 page

    Tenchavez Vs Escano

    Uploaded by

    King Bautista
    This case involved Vicenta Escano who married Pastor Tenchavez in the Philippines but then left for the United States where she obtained a divorce and remarried. When she returned to the Philippines, Tenchavez filed a complaint arguing the divorce was invalid. The Supreme Court of the Philippines held that the Philippines does not recognize divorce between Filipino citizens. Therefore, the divorce Escano obtained abroad was not valid or binding in the Philippines. As a result, in the eyes of Philippine law, Tenchavez and Escano remained married. The court modified the decision to grant Tenchavez legal separation from Escano and award damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Tenchavez vs Escano

    TITLE: Tenchavez vs. Escano

    CITATION: 15 SCRA 355

    FACTS:

    27 years old Vicenta Escano who belong to a prominent Filipino Family of Spanish ancestry got married on Feburary 24, 1948
    with Pastor Tenchavez, 32 years old engineer, and ex-army officer before Catholic chaplain Lt. Moises Lavares. The marriage
    was a culmination of the love affair of the couple and was duly registered in the local civil registry. A certain Pacita Noel came to
    be their match-maker and go-between who had an amorous relationship with Tenchavez as written by a San Carlos college
    student where she and Vicenta are studying. Vicenta and Pastor are supposed to renew their vows/ marriage in a church as
    suggested by Vicenta’s parents. However after translating the said letter to Vicenta’s dad , he disagreed for a new
    marriage. Vicenta continued leaving with her parents in Cebu while Pastor went back to work in Manila.

    Vicenta applied for a passport indicating that she was single and when it was approved she left for the United States and filed a
    complaint for divorce against Pastor which was later on approved and issued by the Second Judicial Court of the State of
    Nevada. She then sought for the annulment of her marriage to the Archbishop of Cebu. Vicenta married Russell Leo Moran, an
    American, in Nevada and has begotten children. She acquired citizenship on August 8, 1958. Petitioner filed a complaint against
    Vicenta and her parents whom he alleged to have dissuaded Vicenta from joining her husband.

    ISSUE: Whether the divorce sought by Vicenta Escano is valid and binding upon courts of the Philippines.

    HELD:

    Civil Code of the Philippines does not admit divorce. Philippine courts cannot give recognition on foreign decrees of absolute
    divorce between Filipino citizens because it would be a violation of the Civil Code. Such grant would arise to discrimination in
    favor of rich citizens who can afford divorce in foreign countries. The adulterous relationship of Escano with her American
    husband is enough grounds for the legal separation prayed by Tenchavez. In the eyes of Philippine laws, Tenchavez and Escano
    are still married. A foreign divorce between Filipinos sought and decreed is not entitled to recognition neither is the marriage of
    the divorcee entitled to validity in the Philippines. Thus, the desertion and securing of an invalid divorce decree by one spouse
    entitled the other for damages.

    WHEREFORE, the decision under appeal is hereby modified as follows;

    (1) Adjudging plaintiff-appellant Pastor Tenchavez entitled to a decree of legal separation from defendant Vicenta F. Escaño;

    (2) Sentencing defendant-appellee Vicenta Escaño to pay plaintiff-appellant Tenchavez the amount of P25,000 for damages and
    attorneys' fees;

    (3) Sentencing appellant Pastor Tenchavez to pay the appellee, Mamerto Escaño and the estate of his wife, the deceased Mena
    Escaño, P5,000 by way of damages and attorneys' fees.

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