Pastor Tenchaves vs. Vicenta Escaño

November 29, 1965 122 SCRA 752

Ponente: Justice Reyes

Facts: Vicenta Escaño, 27 years of age exchanged marriage vows with Pastor Tenchavez, 32 years of age, without the knowledge of her parents, before a Catholic chaplain. The marriage was the culmination of a previous love affair and was duly registered with the local civil register. Mamerto Escaño was handed by a maid, whose name he claims he does not remember, a letter purportedly coming from San Carlos college students and disclosing an amorous relationship between Pastor Tenchavez and Pacita Noel; Vicenta translated the letter to her father, and thereafter would not agree to a new marriage. Vicenta was not allowed to see Pastor and therefore they became estranged, Vicenta then went to Misamis Occidental and later on went abroad and somehow had lived there and where she file an absolute divorce against her husband. Tenchaves filed in Cebu RTC for relief and even accusing the parents of his wife of alienating the affection of his wife which caused the separation between the couple.

Issue: Whether or not the marriage of Vicenta and Pastor valid?

Whether or not damages may be recovered of the aggrieved party?

Held: The Court held that Pastor and Vincenta’s marriage was valid because the essential requisites for marriage was duly complied with by both parties although the circumstances that had occurred prevented their union as husband and wife. Therefore, it must concluded that under Philippine laws the divorce filed by Vicenta was of no value and thus her second marriage become bigamous and is not valid in our jurisdiction. The Court afforded for the plaintiff a decree of legal separation is but a rightful remedy, the filing of the defendant a divorce is an evidence of their subsisting marriage. While on the issue of damages, the defendant has a right to recover damages from the defendant but the parents of the defendant must be absolved for they were not participative of the acts committed by their daughter, they were even the ones who would want a recelebration of marriage.