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Tenchavez vs Escano

G.R. No. L-19671


November 29, 1965

Facts: In February 1948, 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. When Escaño’s parents learned of this, they insisted a church wedding to
be held but Escaño withdrew from having a re-celebration because she heard that Tenchavez was
having an affair with another woman. Eventually, their relationship went sour; 2 years later, Escaño
went to the US where she acquired a decree of absolute divorce and she subsequently became an
American citizen and also married an American.

In 1955, Tenchavez initiated a case for legal separation and further alleged that Escaño’s parents
dissuaded their daughter to go abroad and causing her to be estranged from him hence he’s asking
for damages in the amount of P1,000,000.00. The lower court did not grant the legal separation
being sought for and at the same time awarded a P45,000.00 worth of counter-claim by the Escaños.

Issue: Whether or not damages should be awarded to either party in the case at bar

Held: Yes.

His marriage with Escaño was a secret one and the failure of said marriage did not result to public
humiliation; that they never lived together and he even consented to annulling the marriage earlier
(because Escaño filed for annulment before she left for the US but the same was dismissed due to
her non-appearance in court); that he failed to prove that Escaño’s parents dissuaded their daughter
to leave Tenchavez and as such his P1,000,000.00 claim cannot be awarded. HOWEVER, by reason
of the fact that Escaño left without the knowledge of Tenchavez and being able to acquire a divorce
decree; and Tenchavez being unable to remarry, the SC awarded P25,000.00 only by way of moral
damages and attorney’s fees to be paid by Escaño and not her parents.

On the part of Escaño’s parents:

It is true that the P1,000,000.00 for damages suit by Tenchavez against the Escaños is unfounded
and the same must have wounded their feelings and caused them anxiety, the same could in no
way have seriously injured their reputation, or otherwise prejudiced them, lawsuits having become
a common occurrence in present society. What is important, and has been correctly established in
the decision of the lower court, 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.

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