Conflict of Laws TOPIC: Choice of Law

G.R. NO. 124371

Llorente vs. CA DATE OF PROMULGATION: November 23, 2000
PONENTE: PARDO, J.
FACTS

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, a brother of Lorenzo and the two even have a son.

Lorenzo then refused to live with Paula. He also refused to give her monetary support. Eventually,
Lorenzo and Paula agreed in writing that Lorenzo shall not criminally charge Paula if the she will agree
to waive all monetary support from Lorenzo. Later, Lorenzo returned to the US.

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 and left nothing for Paula. In 1983, Lorenzo went to the court for the probate of his will and
to have Alicia as 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 is void and
inapplicable in the Philippines. CA affirmed the ruling of the trial court.

ISSUE/S

Whether Lorenzo's divorce abroad should be recognized in the Philippines?

RULING

Yes. The fact that the late Lorenzo N. Llorente became an American citizen long before and at the
time of: (1) his divorce from Paula; (2) marriage to Alicia; (3) execution of his will; and (4) death, is
duly established, admitted and undisputed.

Thus, as a rule, issues arising from these incidents are necessarily governed by foreign law.

The Civil Code clearly provides in Article 15 that laws relating to family rights and duties, status,
condition or legal capacity are binding upon citizens of the Philippines. Article 16 provides that real
property as well as personal property shall be regulated by the national law of the person whose
succession is under consideration.
The "national law" indicated in Article 16 of the Civil Code cannot possibly apply to general American
law. There is no such law governing the validity of testamentary provisions in the United States. Each
State of the union has its own law applicable to its citizens and in force only within the State. It can
therefore refer to no other than the law of the State of which the decedent was a resident. Second,
there is no showing that the application of the renvoi doctrine is called for or required by New York
State law.

In Van Dorn v. Romillo, Jr. we held that owing to the nationality principle embodied in Article 15 of
the Civil Code, only Philippine nationals are covered by the policy against absolute divorces, the same
being considered contrary to our concept of public policy and morality. In the same case, the Court
ruled that aliens may obtain divorces abroad, provided they are valid according to their national law.

Article 17 of the Civil Code provides that forms and solemnities of wills shall be governed by the laws
of the country in which they are executed. On the issue of Lorenzo’s last will and testament, it must
be respected because he is an alien and is not covered by our laws on succession. However, since the
will was submitted to our courts for probate, the case was remanded to the lower court where the
foreign law must be alleged in order to prove the validity of the will.

DOCTRINE

 The Civil Code clearly provides in Article 15 that laws relating to family rights and duties,
status, condition or legal capacity are binding upon citizens of the Philippines. Article 16
provides that real property as well as personal property shall be regulated by the national law
of the person whose succession is under consideration.
 Only Philippine nationals are covered by the policy against absolute divorces, the same being
considered contrary to our concept of public policy and morality. In the same case, the Court
ruled that aliens may obtain divorces abroad, provided they are valid according to their
national law.
 Article 17 of the Civil Code provides that forms and solemnities of wills shall be governed by
the laws of the country in which they are executed.