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    Tenchavez V Escano Digest

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    Patrick Violago Arcellana
    The plaintiff Pastor Tenchavez appealed the denial of his claims for legal separation and damages against his wife Vicenta Escano. They were validly married under civil law but the marriage was later questioned by the Church. Escano applied for and was granted a divorce and remarried in the US. However, the Supreme Court ruled that Escano's foreign divorce and remarriage were not valid under Philippine law since the original marriage was valid. As such, Escano was in violation of laws governing family rights and Tenchavez could claim damages for legal separation. The court modified the decision to lower damages and not award costs to either party.

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    Tenchavez V Escano Digest

    Uploaded by

    Patrick Violago Arcellana
    126 views2 pages
    The plaintiff Pastor Tenchavez appealed the denial of his claims for legal separation and damages against his wife Vicenta Escano. They were validly married under civil law but the marriage was later questioned by the Church. Escano applied for and was granted a divorce and remarried in the US. However, the Supreme Court ruled that Escano's foreign divorce and remarriage were not valid under Philippine law since the original marriage was valid. As such, Escano was in violation of laws governing family rights and Tenchavez could claim damages for legal separation. The court modified the decision to lower damages and not award costs to either party.

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    Tenchavez v Escano Digest

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    The plaintiff Pastor Tenchavez appealed the denial of his claims for legal separation and damages against his wife Vicenta Escano. They were validly married under civil law but the marriage was later questioned by the Church. Escano applied for and was granted a divorce and remarried in the US. However, the Supreme Court ruled that Escano's foreign divorce and remarriage were not valid under Philippine law since the original marriage was valid. As such, Escano was in violation of laws governing family rights and Tenchavez could claim damages for legal separation. The court modified the decision to lower damages and not award costs to either party.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    126 views2 pages

    Tenchavez V Escano Digest

    Uploaded by

    Patrick Violago Arcellana
    The plaintiff Pastor Tenchavez appealed the denial of his claims for legal separation and damages against his wife Vicenta Escano. They were validly married under civil law but the marriage was later questioned by the Church. Escano applied for and was granted a divorce and remarried in the US. However, the Supreme Court ruled that Escano's foreign divorce and remarriage were not valid under Philippine law since the original marriage was valid. As such, Escano was in violation of laws governing family rights and Tenchavez could claim damages for legal separation. The court modified the decision to lower damages and not award costs to either party.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
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    Tenchavez v. Escano Plaintiff-Appellant: Pastor B. Tenchavez Defendants-appellees: Vicenta F. Escano et al FACTS: 1.

    Direct appeal on the factual and legal questions denying the claim of plaintfiff for legal separation and one million in damages against defendants 2. Vicenta Escano and Pastor Tenchavez married before a Catholic chaplain unbeknownst to the defendants parents. 3. The parents knew of the marriage and asked advice and so was told to have the marriage recelebrated in order for it to be valid in the perspective of the Church 4. Because of an issue of a third party and distance, there was an alienation of affection of the newlyweds. 5. Escano applied as single and was approved of her passport, went to US and asked for a divorce against plaintiff on the grounds of extreme cruelty, entirely mental in character 6. Escano remarried in the US while her parents asked for annulment of their marriage 7. Tenchavez also asked for annulment and legal separation and one million in damages. ISSUE: WON her file of divorce and her remarriage in the US is considered valid under Philippine law. RATIO: NO.

    Under Article 15 of the Civil Code of the Philippines, Laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon the citizens of the Philippines, even though living abroad. Since the marriage between Escano and Tenchavez was valid under civil law because of the fulfillment of the requirements (above age of majority, both gave their consent, performed by a Catholic priest) it was already valid in the eyes of the civil law. There was no invalidity as to civil law even though its validity was questioned by the Church. In this case, the marriage was valid and because of this, Escano is in violation of Article 15. Recognizing the foreign divorce and remarriage would also be in violation of Article 17 of the Civil Code That a foreign divorce between Filipino citizens, sought and decreed after the effectivity of the present Civil Code (Rep. Act 386), is not entitled to recognition as valid in this jurisdiction; and neither is the marriage contracted with another party by the divorced consort, subsequently to the foreign decree of divorce, entitled to validity in the country; Tenchavez could also asked to be indemnified for damages based on the account of legal separation, but not a divorce.

    DISPOSITION: Decision modified for each to pay damages that were lowered and no recovery to costs.

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