Scribd
Upload
97 views1 page

Llorente Vs CA GR124371

1) Lorenzo Llorente, a Filipino who became an American citizen, divorced his first wife Paula in the USA after finding out she was living with his brother. 2) Lorenzo later married Alicia in the Philippines and had children, leaving all his properties to Alicia and their children in his will. 3) Paula contested the will, claiming she was still Lorenzo's legal wife. The Court of Appeals ruled the American divorce decree was valid since Lorenzo was an American citizen, and that Alicia was a co-owner of properties acquired in their 25 years together.

Uploaded by

Pam Otic-Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
97 views1 page

Llorente Vs CA GR124371

1) Lorenzo Llorente, a Filipino who became an American citizen, divorced his first wife Paula in the USA after finding out she was living with his brother. 2) Lorenzo later married Alicia in the Philippines and had children, leaving all his properties to Alicia and their children in his will. 3) Paula contested the will, claiming she was still Lorenzo's legal wife. The Court of Appeals ruled the American divorce decree was valid since Lorenzo was an American citizen, and that Alicia was a co-owner of properties acquired in their 25 years together.

Uploaded by

Pam Otic-Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 1

Llorente vs Court of Appeals

GR No. 124371

November 23, 2000

FACTS:

Lorenzo and Paula Llorente were married in Nabua, Camarines Sur. Lorenzo was enlisted to the US
Army and became an American citizen. His wife was left in the Philippines but when he came back,
he found out that she was “living-in” with his brother.

He went back to the USA and filed a petition for divorce which was granted. It became final and
executory.

When he came back to the Philippines, he married Alicia with whom he had children. He executed a
will bequeathing all his properties to his wife Alicia and their children. When his will was submitted
to probate, Paula filed a petition for the issuance of letters testamentary in her favor contending that
she is the surviving spouse; that various properties were acquired during their marriage and that his
will encroached on her legitime and 1/2 shares in the conjugal property.

The petition was given due course. The RTC declared one of the children of Lorenzo as only an
illegitimate child entitling her to 1/3 of the estate and 1/3 of the free portion. The CA modified the
decision declaring Alicia as a co-owner of whatever properties she and the deceased husband may
have acquired during the twenty-five (25) years of cohabitation.

ISSUE:

Where or not the decree of divorce obtained by Lorenzo is valid.

RULING:

Yes. The decree is valid. The nationality principle embodied in Article 15 of the Civil Code which
covers only Philippine nationals. Such policy covers foreign divorces which are valid in the Philippines
even though obtained abroad, provided they are valid according to their national law. (Van Dorn vs.
Romillo, Jr., 139 SCRA 139).

You might also like