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18 Tenchavez vs Escano Pursuant to Article 15 of the Civil Code, laws relating to family rights and duties, or to the

G.R. No. L-19671 status, condition and legal capacity of persons are binding upon citizens of the Philippines,
DATE: November 29 1965 even though living abroad.
By: Molina
Escaño’s divorce and second marriage cannot be deemed valid under the Philippine Law to
Topic: NCC 15
which Escaño was bound since in the time the divorce decree was issued, Escaño, like her
Petitioner: Pastor Tenchavez
husband, was still a Filipino citizen. The acts of the wife in not complying with her wifely
Respondent: Vicenta Escano
duties, deserting her husband without any justifiable cause, leaving for the United States in
Ponente: J. JBL Reyes
order to secure a decree of absolute divorce, and finally getting married again are acts which
constitute a willful infliction of injury upon the husband’s feelings in a manner contrary to
DOCTRINE: morals, good customs or public policy, thus entitling Tenchavez to a decree of legal
Nationality Rule – Regardless of where a citizen of the Philippines might be, he or she will be separation under our law on the basis of adultery.
governed by Philippine laws with respect to his or her family rights and duties, or to his or her
status, condition and legal capacity. Hence, if a Filipino, regardless of whether he or she was RULING: Petition is partially granted.
married here or abroad, initiates a petition abroad to obtain an absolute divorce from his
wife or her husband (whether Filipino or foreigner) and eventually becomes successful in
getting an absolute divorce decree, the Philippines will not recognize such absolute divorce.

FACTS:
Vicenta Escaño, 27, exchanged marriage vows with Pastor Tenchavez, 32, on February 24,
1948, before a Catholic chaplain. The marriage was duly registered with the local civil
registrar. However, the two were unable to live together after the marriage and as of June
1948, they were already estranged.

Vicenta left for the United Stated in 1950. On the same year she filed a verified complaint for
divorce against Tenchavez in the State of Nevada on the ground of “Extreme cruelty, entirely
mental in character.”

A decree of divorce, “final and absolute” was issued in open court by the said tribunal. She
married an American, lived with him in California, had several children with him and, on
1958, acquired American Citizenship.

On 30 July 1955, Tenchavez filed a complaint in the Court of First Instance of Cebu, and
amended on 31 May 1956, against Vicenta F. Escaño, her parents, Mamerto and Mena
Escaño whom he charged with having dissuaded and discouraged Vicenta from joining her
husband, and alienating her affections, and against the Roman Catholic Church, for having,
through its Diocesan Tribunal, decreed the annulment of the marriage, and asked for legal
separation and one million pesos in damages.

Vicenta’s parents denied that they had in any way influenced their daughter’s acts, and
counterclaimed for moral damages.

ISSUE:
Whether or not the divorce sought by Vicenta Escaño is valid and binding upon courts of the
Philippines.

HELD:
No. Vicenta Escaño and Pastor Tenchavez’ marriage remain existent and undissolved under
the Philippine Law.

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