Tenchavez vs.

Escano
Facts:
Vicenta Escano, contracted marriage with Pastor in 1948. Her parents found out about
the marriage immediately after the ceremony.
The parents consulted the archbishop of Cebu regarding the matter. The archbishop
said that the marriage was invalid because the chaplain did not have authority. They
scheduled another ceremony.
But such ceremony did not take place because Vicenta backed out.
Pastor went back to his work in Manila and Vicenta stayed in Cebu. They had
communications but it became rare.
She later moved to Misamis and tried to apply for annulment of marriage but the same
was not pursued. She later applied for passport.
When she came to the US, she filed for a divorce. It was approved and she later married
and American. She became a citizen in 1958.
Tenchavez applied for legal separation and asked for a payment of damage at 1M.
The parents of Vicenta were imputed in the claim. The lower court ordered Tenchavez
to pay the Escano with 45k for moral damages.

Issue:
Is the claim of Tenchavez meritorious?

Held;
The contention that the marriage is void is not true. The authority of the solemnizing
officer is not an essential requisite.
When Vicenta filed for divorce, she was still a Filipina, rendering such divorce void.
The infidelity of Vicenta is ground for the legal separation motion of Tenchavez.
It is not evidenced that the parents induced their child to leave her husband
Tenchavez should be awarded 25k for damages and he in turn should pay the parents f
escano 5k for oral damages.