PAULA T. LLORENTE vs. COURT OF APPEALS and ALICIA F. LLORENTE G.R. No.

124371 PARDO, J FACTS: The deceased Lorenzo N. Llorente was an enlisted serviceman of the United States Navy and a naturalized American citizen. On February 22, 1937, Lorenzo married petitioner Paula Llorente. Before the outbreak of the Pacific War, Lorenzo departed for the United States and Paula stayed in the conjugal home in barrio Antipolo, Nabua, Camarines Sur. When Lorenzo returned to the Philippines to visit his wife, he discovered that his wife Paula was pregnant and was "living in" and having an adulterous relationship with his brother, Ceferino Llorente. Lorenzo refused to forgive Paula and live with her. Lorenzo returned to the United States and filed for divorce with the Superior Court of the State of California in and for the County of San Diego. Subsequently, a divorce decree was issued and became final. Lorenzo returned to the Philippines and married Alicia F. Llorente in Manila. They lived together as husband and wife and had three children. Thereafter, Lorenzo executed a Last Will and Testament. In the will, Lorenzo bequeathed all his property to Alicia and their three children. On December 14, 1983, Lorenzo filed with the Regional Trial Court, Iriga, Camarines Sur, a petition for the probate and allowance of his last will and testament wherein Lorenzo moved that Alicia be appointed Special Administratrix of his estate. The trial court admitted the will to probate. On June 11, 1985, before the proceedings could be terminated, Lorenzo died. Paula filed with the same court a petition for letters of administration over Lorenzo's estate in her favor. Alicia also filed in the testate proceeding a petition for the issuance of letters testamentary. The trial court denied Alicia's petition and ruled that the divorce decree granted to the late Lorenzo Llorente was void and inapplicable in the Philippines, therefore, her marriage to Lorenzo was likewise void. The trial court appointed Paula Llorente as legal administrator of the estate of the deceased, Lorenzo Llorente. Respondent Alicia filed with the trial court a motion for reconsideration, but was denied. Alicia appealed to the Court of Appeals. The appellate court promulgated its decision, affirming with modification the decision of the trial court. The trial court declared Alicia as co-owner of whatever properties she and the deceased Lorenzo may have acquired during the twenty-five (25) years of cohabitation. Petitioner Paula moved for reconsideration, but was denied for lack of merit. Hence, this appeal. ISSUE: Whether or not the law that will govern in determining the intrinsic validity of the will is the Philippine law. HELD: No. The fact that the late Lorenzo N. Llorente became an American citizen long before and at the time of: (1) his divorce from Paula; (2) marriage to Alicia; (3) execution of his will; and (4) death, is duly established, admitted and undisputed. Thus, as a rule, issues arising from these incidents are necessarily governed by foreign law. November 23, 2000