PASTOR TANCHAVEZ, plaintiff-appellant, vs. VICENTA ESCANO, defendant-appellee
No. L-19671. November 29, 1965
Facts:
On February 24, 1948, Vicenta Escano and Pastor Tanchavez got married and the marriage was unknown to the parents of Vicenta. The said marriage was solemnized by Lt. Lavares, an Army Catholic Chaplain. Their marriage was the culmination of a previous love affair and was duly registered with the local civil registrar.
Upon the knowledge of the parents of Vicenta, they took her to their house. Consequently, she admitted her marriage with Tanchavez. Her parents were surprised because Tanchavez never asked for the hand of Vicenta and were disgusted because of the great scandal because of the clandestine marriage would provoke.
Thereafter, Vicenta continued to live with her parents, while tanchavez returned to Manila to his job. As of June 1948, the newlyweds were already estranged. Vicenta filed a petition to annul her marriage; however, she did not sign the said document. Thus, the case was dismissed because of her non- appearance at the hearing.
In 1950, Vicenta left for United States. On 22 August 1950, she filed a verified complaint for divorce. And on October 21, 1950, a decree of divorce, final and absolute was issued. In 1954, Vicenta married an American and she lived with him and begotten children.
Issue:
Whether or not Vicenta failed to perform her wifely duties.
Ruling:
It was held that the refusal to perform her wifely duties and her denial of consortium and her desertion of her husband constitute in law a wrong caused through he fault. Thus, the husband is entitled for indemnity.
