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%)
Suggested answer only. Not an official answer and not legal advice.
(a) False. (b) False.
Under Article 26 of the Family Code and Garcia v. Recio, proving the divorce decree alone is insufficient to grant the Filipino spouse capacity to remarry; the foreign national law capacitating the alien spouse must also be proven. Under Article 1083 of the Civil Code, a testator may prohibit partition for a period not exceeding 20 years, while Article 159 of the Family Code protects a family home from partition for 10 years or as long as a minor beneficiary resides there.
Here, proving only the foreign divorce decree without establishing the foreign law fails to grant capacity to remarry. Meanwhile, X's testamentary prohibition bars the three co-heirs from demanding partition at any time.
Therefore, both statements are false.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
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?
A Filipino spouse must prove both the foreign divorce decree and the foreign national law allowing the alien spouse to remarry.
Why is a foreign divorce decree not automatically recognized by Philippine courts in a petition to remarry?
Philippine courts do not take judicial notice of foreign laws, requiring foreign decrees and laws to be proven as facts.
What is the maximum period for which a testator may prohibit the partition of his estate under Article 1083 of the Civil Code?
Article 1083 of the Civil Code caps testamentary prohibitions against partition at a maximum of twenty years.
Under Article 159 of the Family Code, how long does a family home continue as such after the death of the spouse?
Article 159 protects the family home from partition for ten years or as long as a minor beneficiary resides in it.
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?
Co-heirs cannot demand immediate partition when a valid testamentary prohibition or family home protection applies.
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.