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5 Batch 5. Tenchavez vs. Escaño Case Digest
5 Batch 5. Tenchavez vs. Escaño Case Digest
been correctly established in the decision of the court below, is that they were not guilty of any improper conduct in the whole deplorable affair. The SC reduced the damages awarded from P45,000.00 to P5,000.00 only. The Supreme Court held that the divorce is notvalid, making the second marriage void since marriageties of Escao and Tenchaves is existing.Tenchavez can file a petition for legal separationbecause Escao committed sexual infidelity because ofthe fact that she had children with the American.Sexual infidelity of a spouse is one of thegrounds for legal separation. >>THERE WAS A VALID MARRIAGE between Vicenta and Tenchaves: With regard to jurisdiction over Escano, the court states that when against the nonresident defendant affects the personal status of the plaintiff, as, for instance, an action for separation or for annulment of marriage, ..., Philippine courts may validly try and decide the case, because, then, they have jurisdiction over the matter , and in that event their jurisdiction over the person of the non-resident defendant is not essential. The point is the personal status of the plaintiff domiciled in the Philippines. Divorce, although successfully obtained in another country, cannot be applied in the Philippines since it is contrary to public policy. The principle is wellestablished, in private international law, that foreign decrees cannot be enforced or recognized if they contravene public policy. Furthermore, Vicentas refusal to perform her wifely duties, and her denial of consortium and her desertion of husband constitute in law a wrong caused through her fault, for which the husband is entitled to damages (2176). When, however, the action against the non-resident defendant affects the personal status of the plaintiff, as, for instance, an action for separation or for annulment of marriage, ..., Philippine courts may validly try and decide the case, because, then, they have jurisdiction over the res, and in that event their jurisdiction over the person of the non-resident defendant is not essential. The res is the personal status of the plaintiff domiciled in the Philippines, 45,000 damages awarded to parents deemed excessive: filing of suit nay have wounded their feelings and caused anxiety but this has not seriously injured their reputation or otherwise prejudiced them, lawsuits having become a common occurrence in present society.