At present, there may be zero judge device not as much as Philippine rules by which a great Filipino could possibly get safe a divorce decree up on his very own effort. Correctly, it will be the Court’s duty to uphold such plan thereby applying what the law states since it already really stands till the passage of a keen amendatory rules on the subject.
Article twenty six(2) of your own Loved ones Password are an exemption towards nationality concept not as much as Article fifteen of one’s Civil Code.
Post 26(2) are delivered inside the group meetings of the Shared Civil Code and you may Family members Laws Committee (brand new Committee) to address the outcome out-of international separation decrees for the mixed marriage ceremonies anywhere between Filipinos and you may foreign people. The fresh new supply, as the in the first place worded, and the rationale for its addition, can be found in the fresh deliberations:
[Professor Esteban B. Bautista ( Bautista)]’s position, actually in expose legislation, is actually that Filipina partner would be allowed to remarry given that enough time while the divorce case holds true within the national laws from the newest spouse, that [Court Alicia Sempio-Diy (Legal Diy)] and [Justice Leonor Ines-Luciano (Fairness Luciano)] decided.
Just after then deliberation, [Fairness Ricardo C. Puno (Justice Puno)] ideal that they establish the beds base to cover the significantly more than disease. Courtroom Doing it yourself and you will [Fairness Eduardo P. Caguioa (Justice Caguioa)] designed the base below:
Into the a blended relationship anywhere between a keskustella Kolumbian kanssa great Filipino citizen and you may a foreigner, both capacitated so you can marry under Philippine law, whether your non-native is to receive a valid divorce case abroad, capacitating your in order to remarry, the new Filipino partner shall likewise have capacity to remarry around Philippine rules.
Although not, then deliberations reveal that this new Panel in the course of time resolved in order to erase new provision and delay step until absolute divorce proceedings is set in future legislation:
On the Article [26(2)], [Fairness Jose B.L. Reyes (Fairness Reyes)] stated it generally seems to discriminate up against Filipinos, who will be hitched so you’re able to Filipinos, given that provision controls simply Filipinos hitched in order to people from other countries.
Given that people in brand new Court, ours ‘s the obligation in order to translate the law; so it obligation does not hold with it the power to determine just what law is when confronted with switching times, and therefore fuel, therefore, lies only when you look at the state out-of Congress
Justice Puno ideal you to, in line with Fairness Caguioa’s consider one to mature they need to build the fresh Recommended Family members Password since the acceptable that one may and since it commonly coming in contact with with the divorce proceedings that’s one of the large affairs and are leaving it so you can coming statutes, it leave out Blog post 126(2)] temporarily and take it up once they take up the problem out of sheer split up.
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 is the foreigner and not this new Filipino, that will seek divorce proceedings.
Justice Reyes remarked that this article is an implicit detection regarding international splitting up, with which Justice Caguioa concurred. Bautista and you can [Teacher Flerida Ruth P. Romero ( Romero)] pointed out that the article will simply defense outstanding circumstances and unique facts and therefore there is certainly a fair and you will ample foundation to make they an exception.
In which a married relationship ranging from a good Filipino citizen and you may a foreigner try validly popular overseas and a divorce are thereafter validly received abroad capacitating such as for example non-native to remarry, this new Filipino partner shall also have power to remarry not as much as Philippine rules.