At the outset, they contains so you can stress the personal policy against sheer divorce stays in force

Currently, there is certainly no legal apparatus below Philippine laws whereby good Filipino may safer a divorce decree up on his own initiative. Consequently, this is the Court’s duty to help you support instance plan thereby applying regulations because it currently stands till the passage through of a keen amendatory rules about them.

Post twenty six(2) of your Family Code try an exclusion into nationality principle below Blog post 15 of the Civil Password.

Article twenty-six(2) was put during bugГјne kadar Д°spanyolca kadД±n nasД±l bulunur the conferences of the Combined Municipal Code and you may Family unit members Law Committee (the new Committee) to deal with the result away from overseas splitting up decrees towards the combined marriages between Filipinos and you will foreign people. The latest provision, due to the fact to begin with worded, and the rationale for its addition, appear in the new deliberations:

[Teacher Esteban B. Bautista ( Bautista)]’s the reason position, also beneath the present law, try that the Filipina wife will likely be permitted to remarry since the enough time because the splitting up holds true under the federal legislation regarding the fresh husband, with which [Legal Alicia Sempio-Doing it yourself (Courtroom Do-it-yourself)] and you can [Fairness Leonor Ines-Luciano (Justice Luciano)] arranged.

Immediately following further deliberation, [Justice Ricardo C. Puno (Justice Puno)] advised which they formulate the bottom to cover the over state. Judge Diy and you can [Justice Eduardo P. Caguioa (Fairness Caguioa)] conceived the bottom below:

Within the a blended relationship anywhere between good Filipino resident and you can a foreigner, one another capacitated so you’re able to wed below Philippine rules, should your non-native should get a valid divorce case abroad, capacitating your to help you remarry, this new Filipino mate will also have power to remarry less than Philippine laws.

However, after that deliberations demonstrate that the fresh new Panel sooner or later fixed to remove the latest provision and you may delay step up to sheer separation is decided in future legislation:

To your Post [26(2)], [Fairness Jose B.L. Reyes (Justice Reyes)] mentioned it seems to discriminate facing Filipinos, that happen to be married so you’re able to Filipinos, since provision governs merely Filipinos partnered so you can foreign people.

As the members of brand new Legal, ours is the obligation in order to translate regulations; which duty does not bring inside the advantage to decide precisely what the legislation would be when confronted with changing moments, and therefore stamina, in turn, lies only in the province of Congress

Fairness Puno suggested one to, in line with Fairness Caguioa’s have a look at you to definitely person they should create the latest Recommended Household members Password because the appropriate that you could and since they are not coming in contact with towards the splitting up which is among the many larger facts and they are making it so you’re able to coming legislation, it abandon Post 126(2)] briefly or take it after they account for the problem regarding absolute separation.

Prof

Bautista remarked that it is a matter of equity, justice and fairness that Article [26(2)] should be retained. On the point raised by Justice Reyes, Bautista opined that there is no unfairness in the case of a Filipino, who is married to a Filipino, because in the case of a Filipino who is married to a foreigner, the foreigner is already free, and yet the Filipino is still married to nobody. [Dean Bartolome S. Carale (Dean Carale)] added that if two Filipinos are married anywhere, they are both covered by the Philippine prohibitory laws because they are nationals of the Philippines. Justice Caguioa, however, pointed out that, in effect, there is preferential treatment in the case of Filipinos married to foreigners, since if the foreigner gets a divorce, the Filipino spouse also automatically gets a divorce. Dean Carale remarked that Article [26(2)] will in effect encourage Filipinos to marry foreigners. Bautista disagreed since it will be the foreigner and not the latest Filipino, who’ll seek separation and divorce.

Justice Reyes remarked that this article is an implicit identification out-of foreign separation, with which Justice Caguioa concurred. Bautista and you will [Teacher Flerida Ruth P. Romero ( Romero)] noticed that this article will only protection exceptional times and you will unique things and therefore discover a good and you can big base in making it a difference.

Where a married relationship anywhere between a good Filipino citizen and you can a non-native is actually validly famous overseas and you may a separation and divorce was thereafter validly received abroad capacitating such as non-native so you can remarry, new Filipino mate will also provide capacity to remarry not as much as Philippine laws.