FACTS: Pastor
Tenchavez, 32, married Vicenta Escano, 27, on February 24, 1948 in Cebu without
the knowledge of Escano’s parents. They were planning to elope but this did not
materialize because Vicenta went back to her college. When she confessed her
marriage to her parents, her parents were angered. But because of the fear the
marriage could cause, they wanted them to have a church wedding, which Escano
refused upon receiving anonymous letter saying that Tenchavez had another
woman. Escano later on moved to Misamis Occidental to escape from the scandal
that her marriage stirred in Cebu society. There, a lawyer filed for her a
petition drafted by Sen. Pelaez to annul her marriage. She did not sign the
petition and case was dismissed. She then applied for a passport, indicating
there that she was single, her purpose was to study, and she intends to return
after 2 years. In US, she filed a divorce against Tenchanez on the ground of
extreme cruelty, entirely mental in character. The divorce was granted. Later
on, Escano married an American. On August 8, 1958, she acquired American
citizenship. In May 1956, Tenchavez initiated proceeding at bar against Escano,
legal separation for bigamy; against Escano parents whom he charged for
dissuading Escano to live with him as his wife; and against the Catholic Church
for having decreed an annulment of marriage. He asked for 1 million for
damages. Vicenta claimed that she had a valid divorce and validly married to
her current husband. She also claimed that she was under the undue influence of
Pacita Noel whom she charged in conspiracy with Tenchavez.
ISSUE: W/N the divorce
was valid
HELD: No. When the
divorce was granted, Escano was still a Filipino citizen. She was then subject
to Philippine law.
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