R, denying the claim of the plaintiff-appellant, Pastor B. Moises Lavares, in the house of one Juan Alburo in the said city.
Tenchavez v Escano Facts: Pastor Tenchavez32, married Vicenta Escano, 27, on Feb. As of Junethe newly-weds were already estranged. On June 24,Escano left for the US. On Agugust 22,she filed a verified complaint for divorce against the plaintiff in the State of Nevada on the ground of "extreme cruelty, entirely mental in character.
She now lives with him in California and by him, has begotten children. She acquired American citizenship on August 8, This theory cannot be considered: WON at the the time Escano was still a Filipino citizen when the divorce decree was issued.
YES At the time the divorce decree was issued, Escano like her husband, was still a Filipino citizen. She was then subject to Philippine law under Art.
Philippine law, under the NCC then now in force, does not admit absolute divorce but only provides for legal separation. Filipino citizens would be a patent violation of the declared policy of the State, especially in view of the 3rd par.
Moreover, recognition would give rise to scandalous discrimination in favor of wealthy citizens to the detriment of those members of our society whose means do not permit them to sojourn abroad and obtain absolute divorce outside the Phils.
Therefore, a foreign divorce bet. Filipino citizens, sought and decreed after the effectivity of the NCC, is not entitled to recognition as valid in this jurisdiction.
YES The acts of Vicenta up to and including her divorce, for grounds not countenanced by our law, which was hers at the time constitute a wilful infliction of injury upon plaintiff's feelings in a manner "contrary to morals, good customs or public policy" Civ. It is also argued that, by the award of moral damages, an additional effect of legal separation has been added to Article It was plain in the decision that the damages attached to her wrongful acts under the codal article Article expressly cited.
But economic sanctions are not held in our law to be incompatible with the respect accorded to individual liberty in civil cases.
Thus, a consort who unjustifiably deserts the conjugal abode can be denied support Art. And where the wealth of the deserting spouse renders this remedy illusory, there is no cogent reason why the court may not award damage as it may in cases of breach of other obligations to do intuitu personae even if in private relations physical coercion be barred under the old maxim "Nemo potest precise cogi and factum".Tenchavez vs Escaño 15 Phil Torts and Damages – When Liability for Quasi Delict Arises- Unfounded Suit In February , Tenchavez and Escaño secretly married each other and of course without the knowledge of Escaño’s parents who were of prominent social status.
The marriage was celebrated by a military chaplain. Case Title: Tenchavez v Escano, et al.
(November 29, ) Facts: On February 24, , Pastor Tenchavez, 32 year old, an engineer and ex-army officer married Vicenta Escaño, 27 year old, 2 nd year college, who belong to the prominent Filipino family of Spanish ancestry, without the knowledge of the latter’s parents, before a Catholic Chaplain in Cebu.
In February , Tenchavez and Escaño secretly married each other and of course without the knowledge of Escaño's parents who were of prominent social status.
Feb 15, · Sec. 1. Who may file petition.
— Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Regional Trial Court of the province where the corresponding civil registry is located.
TITLE: Tenchavez vs. Escano CITATION: 15 SCRA FACTS: 27 years old Vicenta Escano who belong to a prominent Filipino Family of Spanish ancestry got married on Feburary 24, with Pastor Tenchavez, 32 years old engineer, and ex-army officer before Catholic chaplain Lt.
Moises Lavares. pfmlures.com is a platform for academics to share research papers.