Llorente v. CA (Case Digest)

Llorente v. CA
G.R. No. 124371
November 23, 2000

PAULA T. LLORENTE, petitioner, vs. COURT OF APPEALS and ALICIA F. LLORENTE, respondents.

Facts:
Lorenzo and Paula Llorente, both Filipinos, were married in 1937. Before the outbreak of the Pacific War, Lorenzo departed for the United States, leaving his wife in the Philippines. On November 30, 1943, Lorenzo became a citizen of the United States. When he came back to the Philippines in 1945, he found out that his wife, Paula, was living with his brother, Ceferino Llorente. The two had a child together. Lorenzo then returned to the United States and on November 16, 1951, he filed for divorce in the State of California. On December 4, 1952, the divorce decree became final.

On January 16, 1958, Lorenzo married Alicia Llorente, a Filipino, in Manila. They were married for 25 years, producing three children. On March 13, 1981, Lorenzo executed a last will and testament, giving all his properties to Alicia and their three children. On June 11, 1985, Lorenzo died. In September 4 of the same year, Paula filed for a petition to be the administrator of Lorenzo’s property, contending that she was Lorenzo’s surviving spouse.

Issue:
Is Paula Llorente correct in saying that she is the surviving spouse of Lorenzo and therefore should have a part of the latter’s properties?

Ruling:
No. Lorenzo Llorente had become a United States citizen long before his divorce from Paula, marriage to Alicia, the execution of his will, and his death. The divorce granted to him in the United States is binding in the Philippines. Therefore, he is no longer bound by marriage to Paula, as the latter contends.