Tenchavez vs. Escano (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.