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RATIO:
The marriage between Tenchavez and Escaño remained subsisting and undissolved under Philippine law,
notwithstanding the decree of absolute divorce that Escaño sought and obtained from Nevada.
At the time the divorce decree was issued, Escaño, like her husband, was still a Filipino citizen. She was then
subject to Philippine law.
Her marriage to Tenchavez was never declared null and void, as well. Vicenta Escaño's divorce and second
marriage are not entitled to recognition as valid; (1) for she was still a Filipino citizen when the divorce decree was
obtained, and; (2) for her previous union to Tenchavez is still existent and undissolved.
Her marriage and cohabitation with Russell Moran is technically "intercourse with a person not her husband" from
the standpoint of Philippine Law, and entitles Tenchavez to a decree of "legal separation under our law, on the
basis of adultery".
CASE LAW/ DOCTRINE:
Foreign divorce decree obtained by a Filipino citizen is not recognized under the Philippine law.
DISSENTING/CONCURRING OPINION(S):