Paula T. Llorente vs CA and Alicia F.

Llorente
G. R. No. 124371
November 23, 2000

Facts

Lorenzo Llorente and petitioner Paula Llorente were married on February 22, 1937 in the
Philippines. Lorenzo was an enlisted serviceman of the US Navy. Soon after, he left for the US where
through naturalization, he became a US Citizen. Upon his visitation of his wife, he discovered that she
was living with his brother and a child was born. The child was registered as legitimate but the name of
the father was left blank. Llorente filed a divorce in California, which later on became final. He married
Alicia and they lived together for 25 years bringing 3 children. He made his last will and testament stating
that all his properties will be given to his second marriage. He filed a petition of probate that made or
appointed Alicia his special administrator of his estate. Before the proceeding could be terminated,
Lorenzo died. Paula filed a letter of administration over Llorente’s estate. The trial granted the letter and
denied the motion for reconsideration of Alicia but modified its earlier decision, declaring only one
illegitimate child and the others are not. An appeal was made to the Court of Appeals, which affirmed and
modified the judgment of the Trial Court that she be declared co-owner of whatever properties, she and
the deceased, may have acquired during their 25 years of cohabitation. Alicia appealed to the CA but was
denied for lack of merit. Hence, this petition.

Issue : Whether or not the National Law shall apply.

Held

Lorenzo Llorente was already an American citizen when he divorced Paula. Such was also the
situation when he married Alicia and executed his will. As stated in Article 15 of the civil code, aliens
may obtain divorces abroad, provided that they are validly required in their National Law. Thus the
divorce obtained by Llorente is valid because the law that governs him is not Philippine Law but his
National Law since the divorce was contracted after he became an American citizen. Furthermore, his
National Law allowed divorce. The case was remanded to the court of origin for determination of the
intrinsic validity of Lorenzo Llorente’s will and determination of the parties’ successional rights allowing
proof of foreign law.