First, they holds to help you stress your personal coverage facing absolute separation and divorce stays in effect

First, they holds to help you stress your personal coverage facing absolute separation and divorce stays in effect

At this time, there is zero courtroom device less than Philippine legislation whereby a good Filipino may safer a separation decree through to his personal initiative. Consequently, it will be the Court’s obligations so you’re able to maintain such as for instance policy thereby applying the law as it currently stands before the passage of a keen amendatory legislation about the subject.

Blog post twenty-six(2) of your Friends Password was a different to your nationality concept lower than Blog post fifteen of your own Municipal Code.

Post 26(2) is actually put in conferences of your own Joint Civil Code and you may Members of the family Legislation Panel (this new Panel) to handle the effect out of overseas separation decrees on combined marriages ranging from Filipinos and you will people from other countries. New supply, as the to start with worded, therefore the rationale because of its inclusion, come in brand new deliberations:

[Teacher Esteban B. Bautista ( Bautista)]’s the reason reputation, actually under the establish rules, was your Filipina partner will be permitted to remarry once the long because the divorce is true in national law regarding the fresh new partner, with which [Legal Alicia Sempio-Doing it yourself (Judge Do-it-yourself)] and [Justice Leonor Ines-Luciano (Fairness Luciano)] decided.

Immediately after after that deliberation, [Fairness Ricardo C. Puno (Fairness Puno)] recommended that they establish the base to pay for significantly more than condition. Courtroom Do-it-yourself and [Fairness Eduardo P. Caguioa (Fairness Caguioa)] formulated the beds base as follows:

From inside the a blended matrimony anywhere between an excellent Filipino citizen and you will a non-native, each other capacitated so you can marry significantly less than Philippine rules, if for example the non-native will be receive a legitimate divorce or separation overseas, capacitating him so you’re able to remarry, the latest Filipino lover should also provide power to remarry around Philippine law.

But not, then deliberations reveal that the new Committee in the course of time fixed so you’re able to erase the fresh provision and you may put-off action up until pure divorce is decided in future legislation:

With the Post [26(2)], [Fairness Jose B.L. Reyes (Justice Reyes)] said this generally seems to discriminate against Filipinos, who happen to be married to Filipinos, once the supply controls merely Filipinos married to help you people from other countries.

Just like the people in the Legal, ours is the obligation to help you translate what the law states; that it responsibility doesn’t bring on it the power to decide what the laws shall be when confronted with altering moments, and that fuel, therefore, lays solely during the state out-of Congress

Justice Puno ideal one, relative to Justice Caguioa’s glance at one to grown they should build this new Proposed Friends Code as acceptable that one can and since it aren’t pressing with the divorce or separation that’s among the huge facts and generally are making they to help you upcoming guidelines, it omit Blog post 126(2)] briefly or take it after they take the matter out of natural separation.


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’s the non-native and not the newest Filipino, that will seek separation.

Justice Reyes remarked that this article is an implicit recognition from foreign separation, with which Justice Caguioa concurred. Bautista and [Teacher Flerida Ruth P. Romero ( Romero)] noticed that the content will simply safeguards exceptional circumstances and you may unique issues and that there is certainly a fair and you may ample base for making they an exception.

In which a marriage anywhere between a beneficial Filipino citizen and you will a non-native is actually validly known overseas and you may a divorce proceedings is afterwards validly received abroad capacitating such as foreigner to help you remarry, the new Filipino mate shall supply ability to remarry lower than Philippine rules.