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    #7 Llorente V CA

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    Vicente Del Castillo IV
    Lorenzo obtained a divorce decree in California in 1952 after discovering that his wife Paula was having an adulterous relationship. Lorenzo had become an American citizen before the divorce. The Court of Appeals recognized the validity of the foreign divorce decree in the Philippines based on principles of comity and the nationality of Lorenzo at the time. As a US citizen, issues around Lorenzo's marital status were governed by US law, where the divorce was allowed. The Supreme Court affirmed the decision, finding Lorenzo's subsequent marriage to Alicia valid according to Philippine law regarding recognition of foreign divorces involving its citizens obtained abroad.

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    #7 Llorente V CA

    Uploaded by

    Vicente Del Castillo IV
    26 views1 page
    Lorenzo obtained a divorce decree in California in 1952 after discovering that his wife Paula was having an adulterous relationship. Lorenzo had become an American citizen before the divorce. The Court of Appeals recognized the validity of the foreign divorce decree in the Philippines based on principles of comity and the nationality of Lorenzo at the time. As a US citizen, issues around Lorenzo's marital status were governed by US law, where the divorce was allowed. The Supreme Court affirmed the decision, finding Lorenzo's subsequent marriage to Alicia valid according to Philippine law regarding recognition of foreign divorces involving its citizens obtained abroad.

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    #7 Llorente v CA

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    Lorenzo obtained a divorce decree in California in 1952 after discovering that his wife Paula was having an adulterous relationship. Lorenzo had become an American citizen before the divorce. The Court of Appeals recognized the validity of the foreign divorce decree in the Philippines based on principles of comity and the nationality of Lorenzo at the time. As a US citizen, issues around Lorenzo's marital status were governed by US law, where the divorce was allowed. The Supreme Court affirmed the decision, finding Lorenzo's subsequent marriage to Alicia valid according to Philippine law regarding recognition of foreign divorces involving its citizens obtained abroad.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views1 page

    #7 Llorente V CA

    Uploaded by

    Vicente Del Castillo IV
    Lorenzo obtained a divorce decree in California in 1952 after discovering that his wife Paula was having an adulterous relationship. Lorenzo had become an American citizen before the divorce. The Court of Appeals recognized the validity of the foreign divorce decree in the Philippines based on principles of comity and the nationality of Lorenzo at the time. As a US citizen, issues around Lorenzo's marital status were governed by US law, where the divorce was allowed. The Supreme Court affirmed the decision, finding Lorenzo's subsequent marriage to Alicia valid according to Philippine law regarding recognition of foreign divorces involving its citizens obtained abroad.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    WEEK 3 #7 Llorente v CA

    G.R. No. 124371| 24 Nov 2000 RULING: Yes, the divorce decree is valid and could be recognized in the
    By: DEL CASTILLO Philippines as a matter of comity.
    In so ruling, the court considered the applicable facts, that Lorenzo
    became an American citizen long before his divorce from Paula and his
    Topic: Foreign Marriages and Foreign Divorces marriage to Alicia. Thus, as a rule, issues arising from these incidents
    Petitioner: Paula T. Llorente are necessarily governed by foreign law.
    Respondent: Court of Appeals and Alicia F. Llorente The Court applied art 15 and 16 which states:
    Ponente: Pardo , J. Art 15: Laws relating to family rights and duties, or to the status,
    condition and legal capacity of persosns are binding upon citizens of
    FACTS: the Philippines, even though living.
    In 1937,, Lorenzo Llorente (Lorenzo) married petitioner Paula Llorente Art 16. Real property as well as personal property is subect ot the law of
    (Paula). Subsequently, before the outbreak of the Pacific War, Lorenzo the country where it is situated.
    departed for the US and Paula stayed in the conjugal home in Camarines However, intestate and testamentary succession, both with respect to
    Sur. the order of succession and to the amount of successional rights and to
    In 1943, Lorenzo was admitted to US citizenship. the intrinsic validity of testamentary provisions, shall be regulated by
    Upon the liberation of the Philippines by the American Forces in 1945, the national law of the person whose succession is under
    Lorenzo returned to the Philippines and therein discovered that Paula consideration, whatever may be the nature of the property and
    was pregnant and “living in” and having an adulterous relationship with regardless of the country wherein said property may be found.
    his brother, Ceferino.
    Lorenzo refused to forgive Paula and in fact filed for divorce upon his The Court further held, in upholding the validity of the divorce decree,
    return to the US. Finding all factual allegations to be true, the Superior cited jurisprudence that the divorce obtained by the foreigner can be
    Court of California issue the divorce decree, and such became final in recognized and its legal effects may be recognized in the Philippines
    1952. insofar as respondent is concerned in view of the nationality principle in
    In the meantime, Lorenzo returned to the Philippines and married our civil law on the status of persons.
    respondent Alicia Llorente (Alicia). They lived together as husband and
    wife for 25 years and begot three children. Upon Lorenzo’s death, in his Thus, with Lorenzo being a US citizen at the time of the divorce, and such
    will, he instituted Alicia to be the sole executor of his will. Paula then was allowed in California law, the divorce decree was valid.
    filed a petition for letters of administration over Lorenzo’s estate
    contending that she was the surviving spouse of Lorenzo. The RTC
    issued a decision declaring that the divorce decree is void and that
    therefore, Lorenzo’s marriage to Alicia was also void. Thus, the letters of
    administration were granted to Paula.

    ISSUE: Was the foreign divorce decree obtained by Lorenzo valid and
    could be recognized in the Philippines?

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