CASE DIGEST OF TENCHAVEZ V. ESCANO

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CASE DIGEST OF TENCHAVEZ V. ESCANO [15 SCRA 355] - F: Pastor Tenchavez (PT), 32, married Vicenta Escano (VE), 27 on Feb. 24, 1948, in Cebu City. As of June 1948, the newly-weds were already estranged. On 6/24/50, VE left for the US. On 8/22/50, she filed a verified complaint for divorce against the herein pltff. in the State of Nevada on the ground of "extreme cruelty, entirely mental in character."
On 10/21050, a decree of divorce was issued by the Nevada Court. On 9/13/54, VE married an American Russel Leo Moran IN Nevada. She now lives w/ him in California and by him, has begotten children. She acquired American citizenship on 8/8/58. On 7/30/55, PT filed a complaint for legal separation and damages against VE and her parents in the CFI-Cebu.

HELD: At the time the divorce decree was issued, VE like her husband, was still a Filipino citizen. She was then subject to Philippine law u nder Art. 15, NCC. Philippine law, under the NCC then now in force, does not admit absolute divorce but only provides for legal separation.
For Phil. courts to recognize foreign divorce decrees bet. Filipino citizens would be a patent violation of the declared policy of the State, especially in view of the 3rd par. of Art. 17, NCC. 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.


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