Right now, there is zero court process under Philippine laws through which a beneficial Filipino may safe a divorce decree abreast of his very own step. Consequently, this is the Court’s obligation to maintain such as for example coverage and apply legislation since it currently really stands before passage through of an enthusiastic amendatory rules on the subject.
Post twenty six(2) of your own Nearest and dearest Password are an exclusion into the nationality concept not as much as Blog post fifteen of your Municipal Code.
Article twenty-six(2) was introduced inside group meetings of the Joint Municipal Password and Household members Laws Panel (the fresh Committee) to deal with the end result out-of overseas divorce decrees to the mixed marriage ceremonies anywhere between Filipinos and you will foreign people. The newest provision, given that to begin with worded, additionally the rationale for the inclusion, appear in the latest deliberations:
[Professor Esteban B. Bautista ( Bautista)]is the reason position, even within the introduce laws, is actually that Filipina wife are going to be permitted to remarry as the enough time because split up holds true in national legislation regarding the husband, in which [Court Alicia Sempio-Diy (Legal Doing it yourself)] and [Justice Leonor Ines-Luciano (Justice Luciano)] conformed.
Just after after that deliberation, [Justice Ricardo C. Puno (Justice Puno)] recommended that they formulate the beds base to afford above situation. Court Diy and [Justice Eduardo P. Caguioa (Fairness Caguioa)] developed the base the following:
In the a blended relationship ranging from an excellent Filipino resident and you will a foreigner, one another capacitated to marry below Philippine rules, whether your non-native is always to get a valid divorce abroad, capacitating him to remarry, new Filipino spouse shall also provide capacity to remarry gГјzel Filipinli kadД±nlar around Philippine law.
not, further deliberations reveal that this new Committee in the course of time solved in order to remove new provision and postponed action up to pure split up is set in future legislation:
To your Article [26(2)], [Fairness Jose B.L. Reyes (Fairness Reyes)] commented it seems to discriminate against Filipinos, who will be hitched in order to Filipinos, once the supply governs only Filipinos hitched to people from other countries.
Just like the members of brand new Courtroom, ours is the duty to help you understand the law; which duty does not carry in it the advantage to choose just what rules should be in the face of altering times, and that power, subsequently, lies entirely into the province away from Congress
Fairness Puno suggested you to, according to Justice Caguioa’s check you to definitely xxx they should generate the brand new Advised Family members Code since the appropriate that you can and because they are not holding to your divorce proceedings that’s one of the large things consequently they are making they so you can coming laws and regulations, they abandon Blog post 126(2)] briefly and take it when they fill up the challenge out of natural split up.
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 this is the foreigner and never the Filipino, who will search divorce case.
Justice Reyes remarked that this article is an implicit identification from international breakup, with which Justice Caguioa concurred. Bautista and [Professor Flerida Ruth P. Romero ( Romero)] realized that this article will defense outstanding instances and you may special items which there can be a reasonable and you may ample base in making they an exclusion.
Where a marriage ranging from an excellent Filipino citizen and you may a non-native was validly notable abroad and you may a divorce is actually after that validly obtained overseas capacitating such non-native so you can remarry, the new Filipino mate shall have capacity to remarry below Philippine law.