Unfortunate Divorce of a Clandestine Marriage
Based on a True Story of an unfavorable love between an ex-army and college student.
This was based on the True Story of Tenchavez vs Escaño G.R. No. L-19671, November 29, 1965
Facts
On February 24, 1948, Pastor Tenchavez, 32 years old, an ex-army officer, secretly exchanged marriage vows with Vicenta F. Escaño, 27 years old, 2nd-year student of commerce, before a Catholic chaplain. The marriage was duly registered in a local civil register.
The exchange of letters between them indicates that they were deeply in love. Together with a friend, they planned out their marital future; they’ve started to save in a piggy bank and plotted to elope. Vicenta brought some of her clothes to the room of their friend, which was their usual trysting place.
Although well-planned, their elopement never materialized because her mother already heard the secret wedding. Vicenta was taken home and admitted the marriage between her and Pastor.
In June 1948, the newlyweds were already estranged. To avoid the scandal that her marriage stirred in Cebu City, Ph, she, Vicenta left for Misamis Occidental.
She Left her Husband Uninformed
On June 24, 1950, without informing Pastor, she applied for a passport, indicated therein that she was single, and intended to return after 2 years. Her application was approved and left for the United States.
In the United States, she applied for divorce against her husband in the Second Judicial District Court of the State of Nevada in and for the County of Washoe, on the ground of “extreme cruelty, entirely mental in character.” On October 21, 1950, a decree of “Final and Absolute” divorce was issued.
On September 13, 1954, Vicenta married an American, Russell Leo Moran in Nevada. She now resides in California and begotten children. And on August 8, 1958, acquired American citizenship.
Complaints and Reversed Decisions
Pastor Tenchavez filed a complaint against her parents having alienated her affections towards her husband and asked for a legal separation and a million pesos for damages.
Vicenta claimed that she was divorced and validly married to her American husband. Also, her parents denied that they influenced their daughter’s act.
The Court rendered their decision of not decreeing a legal separation and fines the parents for Php 45, 000 for moral and exemplary damages.
Issue
Whether or not the divorce granted to Vicenta is recognized valid in the Philippines.
The ruling of the Supreme Court
No. The decree of divorce issued by a foreign country is NOT VALID in the Philippines.
It is clear that Tenchavez and Escaño are validly married, their marriage is subsisting and undissolved under the Philippine law, even a decree of absolute divorce was decreed by the State of Nevada.
At the time of divorce, Vicenta was still a Filipino citizen and still bound by Philippine law. [RA 386 Art. 15]
From this point, Vicenta and Pastor’s marriage is still VALID, while Vicenta and Rusell Leo NOT VALID.
From the perspective of the Philippine Law, Vicenta living with her husband is technically an “intercourse with another person not with her husband”, leading to a decree of LEGAL SEPARATION on the basis of ADULTERY.
The Supreme Court orders:
- Pastor Tenchavez entitled to a decree of LEGAL SEPARATION from Vicenta Escaño
- Vicenta Escaño to pay Tenchavez Php 25, 000 for moral damages and attorney’s fees.
