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PASTOR B. TENCHAVEZ v. VICENTA F.

ESCAO
TOPIC: NCC 15 = Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.
FACTS:
Defendant-appellant Vicenta Escao was only 2 nd year when she got married
to plaintiff appellant Pastor Tenchavez
Few weeks before their secret marriage Vicenta returned the engagement
ring and entertained another suitor, Joseling Lao but her love for Pastor
beckoned and she pleaded him to return to her. They had a new plan which is
to get married and elope.
To execute the elopement, Vicenta brough some clothes to Pacita Noels, their
matchmaker, room in St. Marys. After the marriage Vicenta went back to her
class but their elopement plan failed since her mother new about the nuptial
plan and waited for her at the college.
Parents of Vicenta were surprised of their daughters marriage and following
morning they sought Father Reynes suggestion.
o Father Reynes: recelebration to validate the marriage which he sees as
invalid due to lack of authority from the Archbishop or the parish priest
for the officiating chaplain to celebrate the marriage. Marriage did not
happen
Vicenta stayed in Cebu and Pastor went to Manila. The letter of Vicenta to
Pastor showed that their love was aflame.
Vicenta went to Misamis Oriental when the scandal about her marriage
spread in Cebu society. A lawyer filed a petition in her behalf, drafted by then
Sen. Emmanuel Pelaez to annul her marriage, but she did not sign the
petition and the case was dismissed for her non-appearance at the hearing.
She applied for a passport indicating that she was single and her purpose was
to study with the intention to return after two years.
On August 22, 1990 she filed for a divorce against Pastor. It was final and
absolute by the Second Judicial District Court of the State of Nevada on
October 21, 1950
September 10, 1954 Vicentas parents sought paper dispensation of her
marriage from the Archbishop of Cebu.
September 13, 1954 she remarried an American, Russell Leo Moran in
Nevada whom she lives with in California and has begotten children
ISSUE:
Whether or not the divorce decree issued applies to Vicenta Escano.
RATIO: No.
At the time the divorce was granted Vicenta was still a Filipino citizen
subjecting her to Philippine law and Art. 15 of the Civil Code.
The Civil Code does not admit absolute divorce instead only provides for legal
separation.

It would be a violation of the declared public policy of the state as stated in


Art17(3) if the Philippine Courts recognize the effect to a foreign decree.
Vicentas invalid marriage to Moran entitles Pastor to a decree of legal
separation under our law on the basis of adultery