Currently, there is zero judge system around Philippine legislation through which an effective Filipino may safe a divorce proceedings decree on his personal initiative. Correctly, this is the Court’s duty to help you support such as for example plan and apply regulations because it currently stands before the passage of a keen amendatory legislation about the subject.

Blog post twenty-six(2) of your Family relations Code is actually a different toward nationality principle below Blog post fifteen of one’s Municipal Code.

Blog post twenty six(2) was delivered within the meetings of your own Joint Municipal Password and you will Relatives Legislation Committee (new Panel) to handle the effect off overseas divorce or separation decrees toward blended marriages between Filipinos and people from other countries. This new provision, since to start with worded, as well as the rationale for the inclusion, can be found in this new deliberations:

[Professor Esteban B. Bautista ( Bautista)]’s status, actually underneath the establish law, are the Filipina wife will be allowed to remarry since the long once the divorce is valid according to the federal laws off the new partner, with which [Judge Alicia Sempio-Doing it yourself (Legal Do-it-yourself)] and you will [Justice Leonor Ines-Luciano (Fairness Luciano)] arranged.

Immediately following next deliberation, [Justice Ricardo C. Puno (Justice Puno)] suggested which they formulate the base to cover the above situation. Judge Doing it yourself and you will [Justice Eduardo P. Caguioa (Fairness Caguioa)] conceived the beds base the following:

Into the a combined relationship anywhere between an excellent Filipino resident and a non-native, each other capacitated in order to wed under Philippine legislation, if the non-native is always to receive a valid divorce case overseas, capacitating your to help you remarry, the brand new Filipino spouse should likewise have ability to remarry under Philippine legislation.

However, further deliberations demonstrate that this new Panel in the course of time resolved so you can delete the new provision and you will defer step up until sheer separation and divorce is determined in the future legislation:

For the Blog post [26(2)], [Justice Jose B.L. Reyes (Fairness Reyes)] stated that it generally seems to discriminate facing Filipinos, who will be hitched so you can Filipinos, given that supply controls simply Filipinos hitched so you’re able to foreign people.

Given that people in the brand new Courtroom, ours ‘s the responsibility so you’re able to interpret the law; it duty cannot hold with it the advantage to determine what the legislation are going to be in the face of changing times, and therefore strength, therefore, lays solely inside the state out-of Congress

Fairness Puno ideal one to, in accordance with Justice Caguioa’s view you to definitely xxx they have to create the Advised Family Georgia kadД±nlar relations Code as the appropriate that you could and since it are not coming in contact with for the split up which is among the many large items and tend to be making they so you can coming regulations, it neglect Blog post 126(2)] temporarily or take it up after they occupy the problem regarding 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 simple fact is that non-native rather than the latest Filipino, who can search divorce or separation.

Justice Reyes remarked that this article is an implicit detection of international divorce or separation, with which Justice Caguioa concurred. Bautista and you will [Teacher Flerida Ruth P. Romero ( Romero)] noticed that the article will only coverage outstanding cases and you can special things and therefore there is certainly a fair and you may substantial foundation in making it an exception.

Where a wedding between an excellent Filipino resident and you will a foreigner try validly notable abroad and you may a splitting up was afterwards validly gotten overseas capacitating such foreigner to remarry, the fresh Filipino lover shall also provide capacity to remarry under Philippine laws.