Scribd
Upload
98 views1 page

Llorente Vs Court of Appeals

Lorenzo Llorente, a Filipino who became a U.S. citizen, obtained a divorce from his Filipino wife Paula in California in 1952. Paula contested the validity of the divorce in the Philippines. The Court of Appeals held that the divorce was valid because Lorenzo was no longer a Filipino citizen when he obtained it, and aliens may divorce abroad if valid under their national law. It also upheld the validity of Lorenzo's will leaving his estate to his second wife Alicia, as he was an alien not covered by Philippine succession laws.

Uploaded by

Francise Mae Montilla Mordeno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
98 views1 page

Llorente Vs Court of Appeals

Lorenzo Llorente, a Filipino who became a U.S. citizen, obtained a divorce from his Filipino wife Paula in California in 1952. Paula contested the validity of the divorce in the Philippines. The Court of Appeals held that the divorce was valid because Lorenzo was no longer a Filipino citizen when he obtained it, and aliens may divorce abroad if valid under their national law. It also upheld the validity of Lorenzo's will leaving his estate to his second wife Alicia, as he was an alien not covered by Philippine succession laws.

Uploaded by

Francise Mae Montilla Mordeno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

65. Llorente vs. Court of Appeals, G.R. No. 124371, Nov.

ISSUE: Whether or not Lorenzo’s divorce abroad should be


23, 2000 recognized in the Philippines.

HELD:
FACTS:
The divorce is valid in the Philippines.
In 1927, Lorenzo Llorente, then a Filipino, was enlisted
in the U.S. Navy. In 1937, he and Paula Llorente got Lorenzo became an American citizen in 1943.
married in Camarines Sur.
Hence, when he obtained the divorce decree in 1952,
In 1943, Lorenzo became an American citizen. he is already an American citizen.

In 1945, Lorenzo returned to the Philippines for a Article 15 of the Civil Code provides, Laws relating to
vacation. family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of
He discovered that Paula was already living illicitly with the Philippines, even though living abroad.
Ceferino Llorente, a brother of Lorenzo and the two even
have a son.  Since Lorenzo was no longer a Filipino, Philippine laws
relating to family rights, duties, or status are no longer
Lorenzo then refused to live with Paula. applicable to him.

He also refused to give her monetary support. Therefore, the divorce decree he obtained abroad must be
respected.
Eventually, Lorenzo and Paula agreed in
writing that Lorenzo shall not criminally charge Paula if The rule is: aliens may obtain divorces abroad,
the she will agree to waive all monetary support from provided they are valid according to their national
Lorenzo. law.

Later, Lorenzo returned to the US. Regarding on the issue of Lorenzo’s last will and
testament, it must be respected because he is an alien and
In 1951, Lorenzo filed a divorce proceeding against is not covered by our laws on succession.
Paula in California.
However, since the will was submitted to our courts for
Paula was represented by an American counsel. probate, then the case was remanded to the lower court
where the foreign law must be alleged in order to prove
The divorce was granted and in 1952, the divorce the validity of the will.
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 and
left nothing for Paula.

In 1983, Lorenzo went to the court for the will’s 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 Lorenzo’s estate.

RTC ruled that Lorenzo’s marriage with Alicia is


void because the divorce decree granted to the late
Lorenzo Llorente is void and inapplicable in the
Philippines, therefore the marriage he contracted
with Alicia Fortunato on January 16, 1958 at Manila is
likewise void.

You might also like