Paula Llorente vs Court of Appeals

345 SCRA 592 Civil Law Application of Laws Foreign Laws Nationality Principle Effects of
Foreign Divorce
Succession Last Will and Testament of an Alien
Facts:In 1927, Lorenzo Llorente, then a Filipino, was enlisted in the U.S. Navy. In 1937, he and Paula
Llorente got married in Camarines Sur. In 1943, Lorenzo became an American citizen.
In 1945, Lorenzo returned to the Philippines for a vacation. He discovered that Paula was already
living illicitly with Ceferino Llorente (brother of Lorenzo). Ceferino and Paula even had a son.
Lorenzo then refused to live with Paula. He also refused to give her monetary support. Eventually,
Lorenzo and Paula agreed in writing Lorenzo shall not criminally charge Paula if the latter agrees to
waive all monetary support from Lorenzo. Later, Lorenzo returned to the United States.
In 1951, Lorenzo filed a divorce proceeding against Paula in California. Paula was represented by an
American counsel. The divorce was granted and in 1952, the divorce became final.
Lorenzo returned to the Philippines. In 1958, Lorenzo married Alicia Fortuno. They had three children.
In 1981, Lorenzo executed his last will and testament where he left all his estate to Alicia and their
children (nothing for Paula). In 1983, he went to court for the wills probate and to have Alicia as the
administratrix of his property. In 1985, before the probate proceeding can be terminated, Lorenzo died.
Later, Paula filed a petition for letters of administration over Lorenzos estate.
The trial court ruled that Lorenzos marriage with Alicia is void because the divorce he obtained abroad
is void. The trial court ratiocinated that Lorenzo is a Filipino hence divorce is not applicable to him. The
Court of Appeals affirmed the trial court.
ISSUES: Whether or not Lorenzos divorce abroad should be recognized.
HELD: Yes. It is undisputed by Paula Llorente that Lorenzo became an American citizen in 1943.
Hence, when he obtained the divorce decree in 1952, he is already an American citizen. Article 15 of
the Civil Code provides:
Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living abroad.
Since Lorenzo was no longer a Filipino, Philipine laws relating to family rights, duties, or status are no
longer applicable to him. Therefore, the divorce decree he obtained abroad must be respected. The
rule is: aliens may obtain divorces abroad, provided they are valid according to their national law.
However, this case was still remanded to the lower court so as for the latter to determine the effects of
the divorce as to the successional rights of Lorenzo and his heirs.
Anent the issue on Lorenzos last will and testament, it must be respected. He is an alien and is not
covered by our laws on succession. However, since the will was submitted to our courts for probate,
then the case was remanded to the lower court where the foreign law must be alleged in order to prove
the validity of the will.