LLORENTE v CA

FACTS:

Lorenzo was an enlisted serviceman of the US Navy from Mar 10, 1927 to Sep 30,
1957. On Feb 22, 1937 he was married to Paula Llorente in a Roman Catholic Church
in Nabua, Cam Sur. Lorenzo became an American citizen by virtue of the United
States citizenship and Certificate of Naturalization no. 5579816.
Lorenzo went back to the Philippines to visit his wife and discovered that his wife
was already pregnant and having an adulterous relationship with his brother,
Ceferino Llorente. Paula gave birth to a boy registered in the office of registrar of
Nabua Llorente with the certificate stating the child was illegitimate and the line for
the father's name was left blank. Lorenzo then refused to give support to Paula and
had a written agreement to the effect that
1 - all the family allowances allotted by the US Navy as part of Lorenzo's salary and
all other obligations for Paulas daily maintenance and support would be suspended
2 - they would dissolve their marital union in accordance with judicial proceedings
3 - they would make a separate agreement regarding their conjugal propery
acquired during their marital life
4 - Lorenzo would not persecute Paula for her adulterous act since she voluntarily
admitted her faul and agreed to separate to Lorenzo peacefully

Eventually, Lorenzo filed a divorce with the Superior Court of the State of California
when he returned to the US and the decree took in effect on Dec. 4, 1952. Lorenzo
returned to the Philippines and married Alicia on Jan. 16, 1958 and they had 3
children. On March 13, 1981, Lorenzo executed his Last Will and Testament. In the
will, Lorenzo bequeathed all his property to Alicia and their 3 children. In 1983,
Lorenzo went to court for the will's probate and to have Alicia as the administratix of
his property. In 1985, before the probate proceeding can be terminated, Lorezno
died. Paula then filed letters for administration over the property in her favor
contending:
1 - she was Lorenzo's surviving spouse
2 - the various property were acquired during their marriage
3 - lorenzo's will disposed all of his property in favor of Alicia and her children,
enroaching on her legitimate and 1/2 share in the conjugal property

ISSUE: Whether or not the divorces should be recognized and the National Laws
applied

HELD:

Lorenzo was already an American Citizen when he divorced Paula and also on the
time that he married Alicia and filed his last will. As stated on the Art 15 of the Civil
Code:

Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon the citizens of the Philippines, even though
living abroad.

Since Lorenzo was already an American citizen and no longer a Filipino, Philippine
laws relating to family rights, duties and status are no longer applicable to him. The
divorce he obtained is valid because the laws that govern him are already National
Laws

Validity of the will

Art17: 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.