2010 Civil Law, Q1

True or False.
Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%)
X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. (1%)

Quick check

Under Article 26 of the Family Code and Garcia v. Recio, what must be proven in court alongside a foreign divorce decree for a Filipino spouse to remarry?

Why is a foreign divorce decree not automatically recognized by Philippine courts in a petition to remarry?

What is the maximum period for which a testator may prohibit the partition of his estate under Article 1083 of the Civil Code?

Under Article 159 of the Family Code, how long does a family home continue as such after the death of the spouse?

If a testator's will prohibits the partition of the family home while a minor beneficiary resides there, may the other co-heirs demand immediate partition?

Learn more about these topics

1. Foreign Divorce Proof
Under Article 26 of the Family Code and Garcia v. Recio, a foreign divorce decree obtained by an alien spouse does not automatically entitle the Filipino spouse to remarry. Philippine courts do not take judicial notice of foreign laws or foreign judgments. To establish the legal capacity to remarry, the Filipino spouse must present in evidence both the foreign divorce decree and the national law of the alien spouse demonstrating that the divorce validly capacitates the foreigner to remarry.

2. Partition Prohibition Limits
Under Article 1083 of the Civil Code, a testator may prohibit the partition of his estate, but such testamentary prohibition cannot exceed twenty years. Any condition imposing an indefinite or perpetual prohibition against partition is void beyond the statutory twenty-year period. Consequently, co-heirs cannot demand immediate partition whenever a valid testamentary prohibition exists, but they may compel partition after the lapse of the twenty-year limit set by law.

3. Family Home Protection
Under Article 159 of the Family Code, the family home continues as such upon the death of one or both spouses for a period of ten years, or for as long as there is a minor beneficiary residing therein. The heirs cannot partition the family home unless the court finds compelling reasons to do so. This statutory protection overrides an immediate demand for partition by co-heirs, preserving the shelter for dependent beneficiaries.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026