Currently, there exists no court procedure significantly less than Philippine rules through which an excellent Filipino will get safe a splitting up decree abreast of their own step. Accordingly, it will be the Court’s obligation so you’re able to maintain such as rules and implement legislation whilst already really stands through to the passage of an enthusiastic amendatory law about the subject.
Article 26(2) of the Family unit members Code is actually an exception to this rule with the nationality idea around Article fifteen of your Municipal Password.
Article twenty six(2) is actually delivered during the conferences of your own Joint Civil Code and you will Members of the family Law Committee (the fresh Panel) to handle the result of international separation decrees into blended marriage ceremonies between Filipinos and people from other countries. The latest provision, while the in the first place worded, additionally the rationale for its introduction, come in the newest deliberations:
[Professor Esteban B. Bautista ( Bautista)]is the reason standing, even according to the present law, are that Filipina wife can be allowed to remarry because much time due to the fact divorce or separation is true within the national laws regarding the brand new partner, that [Courtroom Alicia Sempio-Diy (Legal Diy)] and [Fairness Leonor Ines-Luciano (Justice Luciano)] decided.
Immediately following next deliberation, [Fairness Ricardo C. Puno (Fairness Puno)] suggested that they formulate the bottom to cover the above situation. Judge Diy and [Justice Eduardo P. Caguioa (Justice Caguioa)] devised the bottom as follows:
During the a mixed wedding between a beneficial Filipino citizen and you can a non-native, both capacitated to help you wed significantly less than Philippine law, in case the foreigner will be receive a valid divorce case abroad, capacitating him to remarry, the new Filipino partner shall have capability to remarry under Philippine legislation.
not, after that deliberations demonstrate that the newest Committee fundamentally fixed to help you remove new supply and you will postponed step up until sheer divorce case is decided in the future legislation:
On Article [26(2)], [Fairness Jose B.L. Reyes (Fairness Reyes)] stated so it seems to discriminate up against Filipinos, that are hitched to Filipinos, while the supply controls merely Filipinos partnered in order to foreigners.
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Due to the fact people in brand new Courtroom, ours ‘s the obligation in order to interpret regulations; it obligation cannot carry inside the benefit to determine exactly what the laws should be in the face of modifying minutes, which strength, subsequently, lies entirely during the state of Congress
Fairness Puno ideal one to, according to Justice Caguioa’s examine that mature they must make brand new Advised Family unit members Code due to the fact acceptable that you can and because it aren’t coming in contact with to your splitting up that is among the larger facts and are also making it to upcoming rules, it omit Post 126(2)] temporarily or take it up once they fill up the issue off absolute divorce.
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’s the foreigner and never brand new Filipino, who’ll find breakup.
Justice Reyes remarked that this article is an implicit recognition out of foreign split up, with which Justice Caguioa concurred. Bautista and you may [Teacher Flerida Ruth P. Romero ( Romero)] realized that the content will only safety exceptional instances and you can unique things and this there’s a reasonable and good base to make it a different.
In which a married relationship between a beneficial Filipino resident and you can a foreigner try validly celebrated overseas and a divorce proceedings is actually after that validly acquired overseas capacitating such as for example non-native to help you remarry, brand new Filipino companion will also provide capability to remarry lower than Philippine laws.