Right now, there is zero court device below Philippine law whereby a beneficial Filipino can get secure a breakup decree upon his very own initiative. Consequently, simple fact is that Court’s duty so you’re able to support for example rules and implement what the law states whilst already stands until the passage through of an enthusiastic amendatory law about them.
Post twenty six(2) of your own Nearest and dearest Password are an exception into nationality idea around Blog post fifteen of the Civil Code.
Post twenty-six(2) is actually lead inside the conferences of your own Shared Municipal Password and you will Members of the family Laws Committee (the new Committee) to deal with the result out of foreign splitting up decrees towards the mixed marriages ranging from Filipinos and you will foreigners. Brand new supply, given that in the first place worded, in addition to rationale for the introduction, come in the newest deliberations:
[Professor Esteban B. Bautista ( Bautista)]is why standing, also within the establish law, is actually your Filipina partner is going to be permitted to remarry once the long since separation is true under the national law off the fresh new partner, in which [Courtroom Alicia Sempio-Doing it yourself (Legal Doing it yourself)] and you will [Fairness Leonor Ines-Luciano (Fairness Luciano)] agreed.
Once after that deliberation, [Fairness Ricardo C. Puno (Fairness Puno)] suggested which they formulate the base to purchase significantly more than condition. Judge Diy and you will [Fairness Eduardo P. Caguioa (Fairness Caguioa)] created the base the following:
For the a combined matrimony between a beneficial Filipino resident and a non-native, both capacitated in order to marry significantly less than Philippine legislation, in case the foreigner is receive a legitimate splitting up abroad, capacitating him to help you remarry, the fresh new Filipino spouse should also provide ability to remarry around Philippine laws.
not, further deliberations reveal that the newest Committee in the course of time solved to delete new supply and you will defer action up to absolute splitting up is set in the future legislation:
Towards the Article [26(2)], [Fairness Jose B.L. Reyes (Justice Reyes)] said which seems to discriminate up against Filipinos, who’re married so you’re able to Filipinos, as supply governs only Filipinos partnered in order to foreign people.
As members of the Court, ours is the responsibility so you can interpret the law; which obligation cannot bring on it the advantage to determine precisely what the legislation should be facing changing times, hence fuel, subsequently, lies entirely in the state from Congress
Fairness Puno advised one, according to Justice Caguioa’s examine that xxx they want to build the Suggested Household members Password since the appropriate you could and since it are not coming in contact with into the splitting up which is one of many big points and are usually leaving it in order to upcoming legislation, they leave out Blog post 126(2)] temporarily or take it when they take the condition of pure 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 it is the non-native and never this new Filipino, who will seek separation and divorce.
Justice Reyes remarked that this article Japonca kadД±n marrage Г§Д±kД±yor is an implicit detection off overseas separation and divorce, with which Justice Caguioa concurred. Bautista and you can [Professor Flerida Ruth P. Romero ( Romero)] noticed that the article will simply protection exceptional cases and you can unique affairs and that there is certainly a reasonable and you will ample basis to make they a different.
In which a wedding ranging from a Filipino citizen and a foreigner is actually validly famous abroad and you can a divorce case was afterwards validly acquired abroad capacitating such as for example foreigner to help you remarry, the latest Filipino spouse should also have capability to remarry under Philippine rules.