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    Digest Conflicts of Law Llorente v. CA

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    Erwin Jake Doc
    The petitioner, Lorenzo Llorente, was a U.S. Navy serviceman who obtained a divorce in California from his Filipina wife Paula after discovering her adultery. He later married Alicia in the Philippines and executed a will leaving his estate to her and their children. After Llorente's death, Paula claimed the estate as his legal wife, arguing the divorce was invalid. The Court of Appeals upheld the lower court's ruling in Paula's favor. However, the Supreme Court granted Llorente's petition, recognizing the validity of the California divorce under U.S. law as Llorente was an American citizen at the time. It remanded the case back to determine the validity of L

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    Digest Conflicts of Law Llorente v. CA

    Uploaded by

    Erwin Jake Doc
    490 views2 pages
    The petitioner, Lorenzo Llorente, was a U.S. Navy serviceman who obtained a divorce in California from his Filipina wife Paula after discovering her adultery. He later married Alicia in the Philippines and executed a will leaving his estate to her and their children. After Llorente's death, Paula claimed the estate as his legal wife, arguing the divorce was invalid. The Court of Appeals upheld the lower court's ruling in Paula's favor. However, the Supreme Court granted Llorente's petition, recognizing the validity of the California divorce under U.S. law as Llorente was an American citizen at the time. It remanded the case back to determine the validity of L

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    The petitioner, Lorenzo Llorente, was a U.S. Navy serviceman who obtained a divorce in California from his Filipina wife Paula after discovering her adultery. He later married Alicia in the Philippines and executed a will leaving his estate to her and their children. After Llorente's death, Paula claimed the estate as his legal wife, arguing the divorce was invalid. The Court of Appeals upheld the lower court's ruling in Paula's favor. However, the Supreme Court granted Llorente's petition, recognizing the validity of the California divorce under U.S. law as Llorente was an American citizen at the time. It remanded the case back to determine the validity of L

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    490 views2 pages

    Digest Conflicts of Law Llorente v. CA

    Uploaded by

    Erwin Jake Doc
    The petitioner, Lorenzo Llorente, was a U.S. Navy serviceman who obtained a divorce in California from his Filipina wife Paula after discovering her adultery. He later married Alicia in the Philippines and executed a will leaving his estate to her and their children. After Llorente's death, Paula claimed the estate as his legal wife, arguing the divorce was invalid. The Court of Appeals upheld the lower court's ruling in Paula's favor. However, the Supreme Court granted Llorente's petition, recognizing the validity of the California divorce under U.S. law as Llorente was an American citizen at the time. It remanded the case back to determine the validity of L

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Conflicts of Law

    LLORENTE vs. COURT OF APPEALS


    Ponente: Pardo, J. G.R. No. 124371 November 23, 2000

    Nature: Ordinary Appeal from the decision of the Court of Appeals.

    Facts: Petitioner was an enlisted serviceman of the U.S. Navy. In 1937, Petitioner married Paula
    Llorente (Paula for brevity) before a parish priest in Camarines Sur. Then, in 1943, Petitioner was
    admitted to U.S. citizenship. However, in 1945 when Petitioner was granted an accrued leave to
    visit his wife in the Philippines, he discovered that the latter was pregnant and was having an
    adulterous relationship with his brother Ceferino Llorente. As a result, Petitioner divorced Paula.
    Later on, Petitioner married Alicia and begot three children.
    In 1981, Petitioner executed a will bequeathing all his property to Alicia and their Children.
    In 1983, Petitioner filed with the Regional Trial Court of Camarines Sur a petition for probate of
    his will. However, before the petition was terminated, Petitioner died. Paula then, filed a petition
    for issuance of letters of administration over the former’s properties claiming that she is the lawful
    wife of the Petitioner. Subsequently, Alicia filed a petition for issuance of letters of administration.
    The Regional Trial Court gave due course to Paula’s petition and held that the divorce
    obtained by the Petitioner was void and inapplicable in the Philippines. Alicia filed a Motion for
    Reconsideration but the same was denied. Thereafter, Alicia elevated the matter to the Court of
    Appeals which court affirmed the decision of the lower court. Hence, this petition

    Issue: Whether or not Paula is entitled to the estate of the Petitioner

    Held: Civil Law, Conflict of Laws, Foreign Laws do not prove themselves in our jurisdiction
    and our courts are not authorizerd to take judicial notice of them; Foreign laws must be alleged
    and proved.- True, foreign laws do not prove themselves in our jurisdiction and our courts are
    not authorized to take judicial notice of them. Like any other fact, they must be alleged and
    proved. While the substance of the foreign law was pleaded, the Court of Appeals did not admit
    the foreign law. The Court of Appeals and the trial court called to the fore the renvoi doctrine,
    where the case was “referred back” to the law of the decedent’s domicile, in this case, Philippine
    law.
    Same; Same; Marriages; Divorce; The Court ruled that aliens may obtains divorces
    abroad, provided they are valid according to their national law. Only Philippine nationals are
    Covered by the policy against absolute divorces.- 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.

    Fallo: WHEREFORE, the petition is GRANTED. The decision of the Court of Appeals in
    CA-G. R. SP No. 17446 promulgated on July 31, 1995 is SET ASIDE.
    In lieu thereof, the Court REVERSES the decision of the Regional Trial Court and
    RECOGNIZES as VALID the decree of divorce granted in favor of the deceased Lorenzo N.
    Llorente by the Superior Court of the State of California in and for the County of San Diego,
    made final on December 4, 1952.

    Further, the Court REMANDS the cases to the court of origin for determination of the intrinsic
    validity of Lorenzo N. Llorente’s will and determination of the parties’ successional rights
    allowing proof of foreign law with instructions that the trial court shall proceed with all
    deliberate dispatch to settle the estate of the deceased within the framework of the Rules of
    Court.

    No costs.

    SO ORDERED.

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