PAULA T. LLORENTE v.

COURT OF APPEALS
G.R. No. 124371 November 23, 2000

Petitioner: PAULA T. LLORENTE

Respondents: COURT OF APPEALS and ALICIA F. LLORENTE

FACTS

The petition alleged the following:-

On February 22, 1937, Lorenco N. Llorente, an enlisted serviceman of the United States
Navy,and petitioner Paula Llorente were married before a Catholic priest in Nabua,
Camarines Sur.- On November 30, 1943, Lorenzo was admitted to United States
citizenship.- Lorenzo discovered that the petitioner Paula was having an adulterous
relationship with
this brother; thus he returned to the United States and filed for divorce which was granted b
y the Superior Court of the State of California on November 27, 1951 and became final in
December 4,1952.-

On January 16, 1958, Lorenzo married the private defendant Alicia F. Llorente in Manila.
The union produced three children – Raul, Luz and Beverly.-

On March 13, 1981, Lorenzo executed a Last Will and Testament which bequeathed all
his property to Alicia and their three children and appointing the private defendant as the sol
eexecutor of the will.-

On June 11, 1985, Lorenzo died.-

On September 4, 1985, Paula filed a petition for letters of administration over Lorenzo’s
estate in her favour since (1) she was Lorenzo’s surviving spouse, (2) the property were
acquired during their marriage, (3) and the will encroaches here legitimate and ½ share of
the conjugal property.-

On May 18, 1987, the RTC ruled in favour of the petitioner since the divorce decree is void
and inapplicable to the Philippines and that the defendant is not entitled to any share from
the estate.-

On July 31, 1995, Court of Appeals affirmed the lower court’s decision with modification
that the defendant would be a co-owner of properties Lorenzo acquired during their
cohabitation.-

Petitioner filed for a motion for reconsideration which is denied due to lack of merit.

ISSUES
1.Whether the divorce obtained by Lorenzo Llorente from his first wife Paula was valid
andrecognized under Philippine jurisdiction
2.Whether the Last Will and Testament of Lorenzo Llorente is valid

HELD
1.As a matter of comity, divorce and its legal effects may be recognized in the Philippines in
viewof the nationality principle in our civil law on the status of persons or lex patriae
2.As per Art. 17 of the Civil Code, “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.”
Whether the will was executed in accordance with the formalities required by the Philippine
law, the will was duly probated. Hence, the petition is granted and decision of the Court of
Appeals is set aside.