Case Digest (G.R. No. 175366)
Facts:
In Paula T. Llorente v. Court of Appeals and Alicia F. Llorente (G.R. No. 124371, November 23, 2000), the deceased Lorenzo N. Llorente served in the U.S. Navy from 1927 to 1957. He married Paula T. Llorente on February 22, 1937 in Nabua, Camarines Sur. Before World War II, Lorenzo left for the United States. In November 1943, he became a U.S. citizen. Returning to the Philippines in 1945, he discovered Paula’s adulterous relationship and on February 2, 1946 both executed a notarized separation agreement, suspending her support and agreeing to dissolve their marriage judicially. Lorenzo filed for and obtained a divorce in California (interlocutory judgment, November 27, 1951; final decree, December 4, 1952). In January 1958, he married Alicia F. Fortuno (later Llorente) in Manila; they lived as husband and wife for 25 years and had three children: Raul, Luz and Beverly. On March 13, 1981 Lorenzo executed a notarized will bequeathing all his properties to Alicia and their children...Case Digest (G.R. No. 175366)
Facts:
- Early Life and First Marriage
- Lorenzo N. Llorente served as an enlisted serviceman in the U.S. Navy from March 10, 1927 to September 30, 1957 and was naturalized a U.S. citizen on November 30, 1943 in the Southern District of New York.
- He married Paula T. Llorente on February 22, 1937 before a Roman Catholic priest in Nabua, Camarines Sur.
- During World War II, Lorenzo discovered Paula’s adulterous relationship with his brother, resulting in the birth of an illegitimate son on December 4, 1945.
- On February 2, 1946, Lorenzo and Paula executed a notarized agreement to suspend all U.S. Navy allowances, separate peacefully, dissolve their marriage judicially, and divide their conjugal property.
- Divorce, Second Marriage, and Estate Proceedings
- Lorenzo filed for divorce in the Superior Court of California (County of San Diego) on November 16, 1951; an interlocutory decree was issued on November 27, 1951 and became final on December 4, 1952.
- He returned to the Philippines and married Alicia F. Llorente (née Fortuno) on January 16, 1958 in Manila; they cohabited for 25 years and had three children: Raul, Luz, and Beverly.
- On March 13, 1981, Lorenzo executed a Last Will and Testament leaving all his real and personal properties to Alicia and their children, appointed Alicia as sole executor, and revoked prior wills.
- Probate proceedings (Sp. Proc. No. IR-755) were initiated on December 14, 1983; the will was admitted to probate on January 24, 1984; Lorenzo died on June 11, 1985.
- Paula filed for letters of administration (Sp. Proc. No. IR-888) on September 4, 1985, claiming status as surviving spouse and primary compulsory heir. Alicia filed for letters testamentary on December 13, 1985.
- On May 18, 1987, the RTC held the California divorce void in the Philippines, nullified Lorenzo’s second marriage and will, declared Paula entitled to half the conjugal property and one-third of the estate, and appointed her administrator; on September 14, 1987 it modified the ruling to recognize only Beverly as an illegitimate child.
- The Court of Appeals, in CA-G.R. SP No. 17446, rendered its decision on July 31, 1995 affirming the RTC with modification that Alicia was co-owner of properties acquired during cohabitation; it denied reconsideration on March 21, 1996.
Issues:
- Is Lorenzo’s California divorce from Paula recognized as valid in the Philippines?
- Is Lorenzo’s marriage to Alicia valid under Philippine law?
- Is Lorenzo’s Last Will and Testament intrinsically valid and enforceable?
- Who are the lawful heirs entitled to inherit from Lorenzo’s estate?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)