Today, there is certainly no courtroom procedure under Philippine rules whereby a good Filipino may secure a separation and divorce decree through to his or her own effort. Correctly, it’s the Court’s responsibility to maintain like plan thereby applying legislation as it currently really stands until the passage through of a keen amendatory laws about the subject.
Article 26(2) of Members of the family Code are an exception to this rule on the nationality concept below Blog post fifteen of Municipal Code.
Blog post 26(2) was introduced for the group meetings of one’s Shared Municipal Code and you will Family Rules Panel (the latest Panel) to handle the result off international split up decrees with the blended marriage ceremonies between Filipinos and you can foreigners. New supply, due to the fact to start with worded, and the rationale because of its addition, appear in new deliberations:
[Teacher Esteban B. Bautista ( Bautista)]is why position, even underneath the present legislation, are that the Filipina partner might be permitted to remarry as the long just like the divorce or separation holds true under the federal law out-of new partner, with which [Legal Alicia Sempio-Do-it-yourself (Courtroom Doing it yourself)] and you may [Justice Leonor Ines-Luciano (Fairness Luciano)] decided.Once further deliberation, [Fairness Ricardo C. Puno (Justice Puno)] ideal which they formulate the beds base to pay for above disease. Legal Doing it yourself and you will [Fairness Eduardo P. Caguioa (Justice Caguioa)] designed the base below:
Within the a combined relationships ranging from a great Filipino citizen and a foreigner, both capacitated in order to get married less than Philippine law, in case the foreigner is receive a legitimate separation overseas, capacitating your in order to remarry, this new Filipino lover shall have capacity to remarry under Philippine legislation.
not, subsequent deliberations show that the fresh Panel sooner solved in order to delete the latest supply and put-off action up until sheer divorce case is set in future legislation:
Toward Article [26(2)], [Fairness Jose B.L. Reyes (Justice Reyes)] stated so it generally seems to discriminate facing Filipinos, that are married to help you Filipinos, since provision controls just Filipinos partnered to help you foreigners.
As people in the brand new Legal, ours ‘s the responsibility to understand the law; this responsibility will not bring involved the power to choose just what laws is going to be facing altering minutes, and therefore power, in turn, lays only in the state from Congress
Fairness Puno advised one to, in line with Fairness Caguioa’s have a look at you to xxx they need to make the brand new Suggested Relatives Code since the appropriate that you can and because they aren’t holding on the divorce or separation which is among the many larger affairs and generally are making they to help you upcoming laws and regulations, they leave out Article 126(2)] temporarily or take it once they use the challenge off sheer divorce case.
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 is the foreigner rather than brand new Filipino, who’ll hot beauty Tokyo girl look for divorce or separation.
Justice Reyes remarked that this article is an implicit recognition out of foreign divorce case, with which Justice Caguioa concurred. Bautista and you can [Teacher Flerida Ruth P. Romero ( Romero)] noticed that the article will protection outstanding cases and unique activities and this there was a good and you may substantial foundation for making they an exclusion.
In which a wedding anywhere between good Filipino citizen and a foreigner try validly known overseas and a split up are after that validly gotten abroad capacitating such non-native in order to remarry, this new Filipino companion shall supply capacity to remarry lower than Philippine laws.
