LLORENTE vs. CA, G.R. No. 124371. November 23, 2000

PAULA T. LLORENTE, petitioner, VS. COURT OF APPEALS and ALICIA F. LLORENTE,
respondents
November 23, 2000

FACTS:
Lorenzo Llorente and petitioner Paula Llorente were married in 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. 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.

ISSUE:
Whether or not the National Law shall apply.

RULING:
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.