At the moment, there is certainly zero legal system significantly less than Philippine legislation through which a Filipino could possibly get safer a divorce case decree up on his personal initiative. Appropriately, simple fact is that Court’s obligation to help you support such as for example rules and apply the law whilst already really stands through to the passage through of an amendatory legislation about the subject.
Article twenty-six(2) of the Members of the family Password is an exemption to the nationality idea less than Post 15 of Civil Password.
Article twenty six(2) is actually produced in the meetings of one’s Combined Civil Code and you will Nearest and dearest Law Committee (the new Committee) to deal with the result out of international split up decrees with the combined marriage ceremonies between Filipinos and you can people from other countries. The new supply, due to the fact to start with worded, plus the rationale for the introduction, appear in the deliberations:
[Teacher Esteban B. Bautista ( Bautista)]is the reason position, also underneath the introduce law, try that the Filipina spouse shall be permitted to remarry just like the a lot of time due to the fact split up is valid in federal laws away from the newest husband, with which [Judge Alicia Sempio-Diy (Legal Doing it yourself)] and [Justice Leonor Ines-Luciano (Fairness Luciano)] decided.Immediately after subsequent deliberation, [Fairness Ricardo C. Puno (Justice Puno)] advised which they develop the beds base to pay for a lot more than disease. Court Do-it-yourself and [Justice Eduardo P. Caguioa (Fairness Caguioa)] formulated the beds base the following:
Within the a blended matrimony between an excellent Filipino resident hot amatuar Luang prabang women and you will a foreigner, both capacitated to get married below Philippine laws, should your foreigner would be to see a valid split up abroad, capacitating your to help you remarry, the fresh Filipino companion should also provide ability to remarry under Philippine laws.
But not, further deliberations demonstrate that the newest Committee fundamentally resolved so you can remove the newest provision and you may delay step up to sheer splitting up is set in the future legislation:
Towards Article [26(2)], [Fairness Jose B.L. Reyes (Fairness Reyes)] stated so it seems to discriminate facing Filipinos, that partnered to help you Filipinos, as the supply controls just Filipinos partnered to help you foreign people.
Since the people in the latest Judge, ours ‘s the obligations so you can translate what the law states; it duty cannot hold on it the benefit to decide precisely what the law are going to be in the face of modifying times, which energy, consequently, lies solely within the state regarding Congress
Justice Puno suggested that, prior to Fairness Caguioa’s have a look at you to definitely xxx they have to generate the latest Recommended Family members Code because acceptable that you could and because they aren’t holding towards the breakup that’s among huge issues and they are leaving they in order to coming statutes, they leave out Blog post 126(2)] briefly or take it up when they take-up the condition regarding sheer divorce or 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 simple fact is that non-native and never new Filipino, who can seek divorce proceedings.
Justice Reyes remarked that this article is an implicit recognition out of overseas split up, with which Justice Caguioa concurred. Bautista and [Teacher Flerida Ruth P. Romero ( Romero)] realized that the article is only going to cover exceptional cases and unique points and this there can be a reasonable and you may reasonable basis in making they a difference.
Where a married relationship between an excellent Filipino citizen and you may a non-native is actually validly recognized abroad and you may a separation are thereafter validly received abroad capacitating eg foreigner to help you remarry, the new Filipino spouse shall also have ability to remarry under Philippine law.
