Lavadia v.
Luna, GR 171914, July 23, 2014
Facts:
The case involves Soledad L. Lavadia, the second wife of the late Atty. Juan Luces
Luna, who claimed rights to properties acquired during their marriage, including a
condominium unit and law books. Atty. Luna was previously married to Eugenia
Zaballero-Luna, and their marriage remained valid until his death. Atty. Luna
obtained a divorce in the Dominican Republic, which Soledad argued should be
recognized. However, Philippine law does not recognize foreign divorces for Filipino
citizens, adhering to the nationality theory, which maintains that the personal status
of Filipinos is governed by Philippine law regardless of their residence.
Issues:
The primary issues were whether the divorce obtained by Atty. Luna in the
Dominican Republic was valid under Philippine law and whether Soledad had any
rights to the properties acquired during her marriage to Atty. Luna. The court
needed to determine if the first marriage was dissolved and if the second marriage
was valid, given that Atty. Luna's first marriage was still subsisting at the time of his
second marriage.
Ruling:
The Supreme Court affirmed the Court of Appeals' ruling that Atty. Luna's first
marriage to Eugenia was valid until his death, rendering his second marriage to
Soledad void due to its bigamous nature. The court ruled that the divorce obtained
in the Dominican Republic was not recognized in the Philippines, thus the properties
in question belonged to Atty. Luna's heirs. Soledad's claims to the condominium and
law books were denied, as she failed to prove her contributions to their acquisition.
Doctrine:
The case underscores the principle of the nationality theory in private international
law, which dictates that the personal status of individuals, including marriage and
divorce, is governed by their national law. In the Philippines, absolute divorce
between Filipino citizens is not recognized, reinforcing the sanctity of marriage. The
ruling emphasizes that any foreign divorce decree lacks legal effect in the Philippines
if it contradicts local public policy. Consequently, the court upheld the validity of Atty.
Luna's first marriage and the void nature of his second marriage, illustrating the
application of the nationality theory in determining marital status and property
rights.
