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Tenchavez v.

Escao (1965)
Facts:
Vicenta Escao (27 yrs old) was
married to Pastor Tenchavez (32 yrs
old), without knowledge of Escaos
parents. The marriage was
registered.
Escaos parents sought priestly
advice to Father Reynes. He
suggested a recelebration to validate
an invalid marriage. But, did not take
place because Father of Escao did
not agree.
1950, Escano left for the U.S and sued
for divorce on the ground of extreme
cruelty. The District court of Nevada
issued a final and absolute decree.
Subsequently, Escaos parents filed a
petition with the Archbishop of Cebu
to annul the marriage.
1954, Escao married an AFAM
(Russel Leo Moran) in Nevada and
acquired American Citizenship.
(WOOHOO)
Tenchavez filed a complaint against
Escao for legal separation and
damages. Escao claimed a valid
divorce from Tenchavez and equally
valid marriage to her present
husband.
Issue/s: WON the divorce decree issued by
the district court of Nevada is valid and
enforceable here in the Philippines.
Held: No.
It is equally clear from the records
that there is a valid marriage
between Escao and Pastor
Tenchavez.
At the time the divorce decree was
issued, Vicenta Escao, like
Tenchavez were still a Filipino Citizen
and subject to Art. 15 of the Civil
Code.
Civil code of the Philippines does not
admit absolute divorce.
Hence, Vicenta Escaos divorce and
second marriage are not entitled to
recognition as valid for her previous
union to plaintiff must be declared to
be existent and undissolved.
In addition, her marriage and
cohabitation with his AFAM Moran is
technically adulterous as provided by
the RPC, Art. 333 and a valid ground
for legal separation.