At the moment, there exists no judge method significantly less than Philippine law by which a Filipino can get safer a divorce case decree up on his personal step. Properly, this is the Court’s obligation to uphold eg rules and implement regulations because currently stands through to the passing of an amendatory legislation about them.
Article twenty six(2) of your own Family Password was an exception on the nationality idea less than Post 15 of one’s Civil Password.
Blog post twenty six(2) are produced for the meetings of your own Joint Civil Code and you may Nearest and dearest Legislation Panel (brand new Committee) to handle the outcome away from international splitting up decrees for the combined marriage ceremonies anywhere between Filipinos and you may foreigners. The brand new supply, given that originally worded, and rationale because of its addition, come in the brand new deliberations:
[Teacher Esteban B. Bautista ( Bautista)]is the reason standing, even within the introduce rules, is your Filipina spouse is permitted to remarry just like the a lot of time because divorce proceedings is valid under the federal laws away from the fresh spouse, in which [Court Alicia Sempio-Do-it-yourself (Court Do-it-yourself)] and you may [Justice Leonor Ines-Luciano (Justice Luciano)] conformed.
Just after further deliberation, [Fairness Ricardo C. Puno (Fairness Puno)] recommended which they establish the beds base to cover above problem. Legal Doing it yourself and you may [Justice Eduardo P. Caguioa (Fairness Caguioa)] developed the beds base the following:
During the a blended wedding ranging Macarca kadД±n personel from a great Filipino resident and a foreigner, each other capacitated so you’re able to marry not as much as Philippine rules, in the event the non-native is to receive a valid separation abroad, capacitating your to remarry, the brand new Filipino spouse will have power to remarry less than Philippine rules.
Although not, subsequent deliberations show that the latest Panel eventually resolved so you’re able to delete the fresh supply and you can put-off action up until natural divorce is set in future legislation:
On Article [26(2)], [Justice Jose B.L. Reyes (Fairness Reyes)] mentioned so it generally seems to discriminate up against Filipinos, that married so you can Filipinos, since provision controls simply Filipinos partnered in order to foreigners.
As the members of the latest Judge, ours ‘s the obligations so you’re able to understand what the law states; this obligation does not bring involved the power to determine what the law will be when confronted with switching moments, and therefore fuel, therefore, lays exclusively from inside the state of Congress
Justice Puno ideal you to definitely, relative to Fairness Caguioa’s evaluate one mature they must make new Advised Members of the family Code because acceptable to and because they commonly pressing towards separation that’s one of several big factors as they are making it so you can upcoming laws, they omit Blog post 126(2)] briefly or take it when they take the condition out-of sheer 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 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 this is the non-native rather than the latest Filipino, that will search breakup.
Justice Reyes remarked that this article is an implicit identification from overseas divorce case, with which Justice Caguioa concurred. Bautista and [Professor Flerida Ruth P. Romero ( Romero)] noticed that this article will simply protection exceptional circumstances and you can unique products and this there is a reasonable and you may big base in making it an exemption.
In which a marriage anywhere between a Filipino citizen and you will a foreigner was validly popular overseas and you can a separation was thereafter validly obtained abroad capacitating for example non-native to help you remarry, this new Filipino partner shall likewise have capability to remarry under Philippine legislation.
No Comments