At the moment, there exists no courtroom procedure significantly less than Philippine legislation through which a beneficial Filipino will get secure a divorce decree on their own step. Properly, it is the Court’s responsibility in order to support including policy thereby applying what the law states as it currently stands until the passage of an enthusiastic amendatory legislation about the subject.
Post twenty six(2) of your own Nearest and dearest Password is actually a different on the nationality principle less than Post fifteen of one’s Municipal Code.
Blog post twenty six(2) try produced inside conferences of one’s Combined Municipal Password and Loved ones Rules Panel (the newest Panel) to address the outcome off overseas divorce proceedings decrees with the mixed marriages ranging from Filipinos and you may people from other countries. New provision, just like the to begin with worded, and the rationale for its inclusion, come in brand new deliberations:
[Teacher Esteban B. Bautista ( Bautista)]is the reason status, actually according to the present rules, try that the Filipina wife would be allowed to remarry as much time once the separation is true according to the federal law out of new partner, in which [Legal Alicia Sempio-Do-it-yourself (Courtroom Diy)] and you may [Fairness Leonor Ines-Luciano (Justice Luciano)] consented.
Immediately after subsequent deliberation, [Justice Ricardo C. Puno (Justice Puno)] advised which they establish the base to purchase a lot more than problem. Legal Doing it yourself and you can [Justice Eduardo P. Caguioa (Justice Caguioa)] formulated the beds base the following:
Inside the a combined matrimony ranging from a good Filipino citizen and you will a non-native, one another capacitated so you’re able to get married significantly less than Philippine law, if for example the foreigner is to get a valid divorce case abroad, capacitating your so you can remarry, the brand new Filipino spouse will supply capacity to remarry significantly less than Philippine laws.
Yet not, subsequent deliberations show that new Panel fundamentally fixed so you can erase brand new supply and you will delay step up until natural divorce or separation is decided in the future legislation:
To your Blog post [26(2)], [Fairness Jose B.L. Reyes (Fairness Reyes)] commented this generally seems to discriminate up against Filipinos, who will be married to Filipinos, as the provision governs just Filipinos married to help you people from other countries.
While the people in the new Judge, ours ‘s the obligations so you can understand regulations; it obligation cannot bring on it the advantage to choose just what laws is when confronted with modifying minutes, and therefore strength, in turn, lays solely when you look at the province out of Congress
Justice Puno suggested one, according to Justice Caguioa’s evaluate that grown they should build new Recommended Members of the family Password since appropriate that you could and since they aren’t pressing on the separation and divorce that’s one of many large things and are also leaving it to help you upcoming regulations, it leave out Post 126(2)] temporarily or take it when they take up the condition out of sheer divorce or separation.
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 tsekkaa täältГ¤ 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 and not the brand new Filipino, who’ll find splitting up.
Justice Reyes remarked that this article is an implicit recognition regarding international divorce, with which Justice Caguioa concurred. Bautista and you can [Teacher Flerida Ruth P. Romero ( Romero)] noticed that the article only safety outstanding cases and you will special affairs hence there is certainly a fair and you may reasonable base in making it an exception to this rule.
Where a married relationship between a good Filipino resident and a foreigner is validly well-known overseas and a divorce case is thereafter validly gotten overseas capacitating such as foreigner so you’re able to remarry, the latest Filipino mate will likewise have ability to remarry not as much as Philippine laws.