345 SCRA 592 Civil Law Application of Laws Foreign

Laws Nationality Principle Effects of Foreign Divorce

Succession Last Will and Testament of an Alien
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to family rights, duties, or status are no longer applicable to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.