Lavadia vs Luna, G.R. No. 171914 (Case Digest)

 

Lavadia vs Luna,

G.R. No. 171914

July 23, 2014

Facts:

            Atty. Luna and Eugenia married in a civil and church wedding which they begot 7 children. After almost 2 decades of marriage they eventually agreed to live apart from each other in February 1966. Atty. Luna obtained a divorce decree of his marriage with EUGENIA in the court of Dominican Republic. Atty. Luna contracted another marriage with Soledad.

            After the death of ATTY. JUAN, his share in the condominium unit including the law books, office furniture and equipment found therein were taken over by Gregorio Z. Luna, ATTY. LUNA’s son of the first marriage. Gregorio Z. Luna thenl eased out the 25/100 portion of the condominium unit belonging to his father to Atty. Renato G. De la Cruz who established his own law firm named Renato G. De la Cruz & Associates.

            Soledad filed an action againts Gregorio, alleging that the 25/200 pro-indiviso share of Atty. Luna as well the other properties was during the existence of the marriage between ATTY. LUNA and SOLEDAD through their joint efforts that since they had no children, SOLEDAD became co-owner of the said properties upon the death of ATTY. LUNA to the extent of ¾ pro-indiviso share consisting of her ½ share in the said properties plus her ½ share in the net estate of ATTY. Luna.

 

Issue:

            Whether the divorce between Atty. Luna and Eugenia Zaballero-Luna (Eugenia) had validly dissolved the first marriage

 

Held:

            Divorce between Filipinos is void and ineffectual under the nationality rule adopted by Philippine law. Hence, any settlement of property between the parties of the first marriage involving Filipinos submitted as an incident of a divorce obtained in a foreign country lacks competent judicial approval, and cannot be enforceable against the assets of the husband who contracts a subsequent marriage.