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  • Lavadia Vs Luna, G.R. No. 171914

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    Philans57CFD
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    1) Attorney Luna was married to Eugenia for nearly 20 years and had 7 children before they agreed to live apart in 1966. Luna obtained a divorce from Eugenia in the Dominican Republic and later married Soledad. 2) After Luna's death, his son from his first marriage, Gregorio, took possession of Luna's share of a condominium including law books and office furniture. Gregorio then leased part of the condo to another lawyer. 3) Soledad filed a case claiming that as Luna's second wife, she was entitled to 3/4 of Luna's properties acquired during their marriage through their joint efforts since they had no children. 4) The court ruled that the

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    Lavadia vs Luna, G.R. No. 171914 July 23, 2014

    Original Title

    Lavadia vs Luna, G.R. No. 171914

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    1) Attorney Luna was married to Eugenia for nearly 20 years and had 7 children before they agreed to live apart in 1966. Luna obtained a divorce from Eugenia in the Dominican Republic and later married Soledad. 2) After Luna's death, his son from his first marriage, Gregorio, took possession of Luna's share of a condominium including law books and office furniture. Gregorio then leased part of the condo to another lawyer. 3) Soledad filed a case claiming that as Luna's second wife, she was entitled to 3/4 of Luna's properties acquired during their marriage through their joint efforts since they had no children. 4) The court ruled that the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    25 views1 page

    Lavadia Vs Luna, G.R. No. 171914

    Uploaded by

    Philans57CFD
    1) Attorney Luna was married to Eugenia for nearly 20 years and had 7 children before they agreed to live apart in 1966. Luna obtained a divorce from Eugenia in the Dominican Republic and later married Soledad. 2) After Luna's death, his son from his first marriage, Gregorio, took possession of Luna's share of a condominium including law books and office furniture. Gregorio then leased part of the condo to another lawyer. 3) Soledad filed a case claiming that as Luna's second wife, she was entitled to 3/4 of Luna's properties acquired during their marriage through their joint efforts since they had no children. 4) The court ruled that the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    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.

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