Professional Documents
Culture Documents
*
G.R. No. 124371. November 23, 2000.
PARDO, J.:
The Case
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* FIRST DIVISION.
593
What is before
1
us is an appeal from the decision of the Court
of Appeals modifying that of the Regional
2
Trial Court,
Camarines Sur, Branch 35, Iriga City declaring respondent
Alicia F. Llorente (hereinafter referred to as “Alicia”), as co-
owners of whatever property she and the deceased Lorenzo
N. Llorente (hereinafter referred to as “Lorenzo”) may have
acquired during the twenty-five (25) years that they lived
together as husband and wife.
The Facts
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594
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7 Decision, Court of Appeals, Rollo, p. 51; Exh. “B,” Trial Court Folder
of Exhibits, p. 61.
8 Ibid.
9 Exh. “A,” Trial Court Folder of Exhibits, p. 60.
10 Exh. “B-1” Trial Court Folder of Exhibits, p. 62.
11 Exh. “D,” Trial Court Folder of Exhibits, pp. 63-64.
12 Exh. “E,” Trial Court Folder of Exhibits, p. 69.
595
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596
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17 Exh. “A,” Trial Court Folder of Exhibits, pp. 3-4; Decision, Court of
Appeals, Rollo, p. 52.
18 Docketed as Spec. Proc. No. IR-755.
19 Decision, RTC, Rollo, p. 37.
20 Ibid.
21 Ibid.
22 Docketed as Spec. Proc. No. IR-888.
597
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598
“legitimate or otherwise”29
of Lorenzo since they were not
legally adopted by him. Amending its decision of May 18,
1987, the trial court declared Beverly Llorente as the only
illegitimate child of Lorenzo, entitling her to one-third (1/3)
of the 30estate and one-third (1/3) of the free portion of the
estate.
On September31 28, 1987, respondent appealed to the
Court of Appeals.
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599
The Issue
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600
“Art. 15. 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.
“Art. 16. Real property as well as personal property is subject to
the law of the country where it is situated.
“However, intestate and testamentary succession, both with
respect to the order of succession and to the amount of successional
rights and to the intrinsic validity of testamentary provisions, shall
be regulated by the national law of the person whose succession is
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601
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602
“Art. 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.
“When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.” (italics ours)
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603
The Fallo
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44 Article 15, 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.”
(Italics ours)
45 Bellis v. Bellis, 126 Phil. 726, 20 SCRA 358 (1967).
604
SO ORDERED.
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