At the moment, there is zero judge system not as much as Philippine rules by which a good Filipino will get safe a separation decree up on his very own step. Appropriately, it will be the Court’s responsibility in order to maintain such as coverage and apply what the law states because currently really stands before the passage of a keen amendatory laws about the subject.
Article twenty six(2) of your own Relatives Password is actually an exemption towards nationality idea significantly less than Blog post fifteen of one’s Municipal Code.
Article twenty six(2) try delivered in meetings of one’s Shared Municipal Password and you will Nearest and dearest Rules Panel (the brand new Committee) to address the end result out of international splitting up decrees to the mixed marriage ceremonies anywhere between Filipinos and you may foreigners. This new provision, due to the fact originally worded, and also the rationale for its introduction, come in the fresh deliberations:
[Teacher Esteban B. Bautista ( Bautista)]’s position, also under the expose law, is actually your Filipina partner would be permitted to remarry as long just like the breakup holds true underneath the national legislation out-of the brand new husband, in which [Legal Alicia Sempio-Do-it-yourself (Court Diy)] and you may [Justice Leonor Ines-Luciano (Fairness Luciano)] assented.
Just after after that deliberation, [Fairness Ricardo C. Puno (Justice Puno)] recommended which they develop the base to afford significantly more than situation. Legal Doing it yourself and you may [Fairness Eduardo P. Caguioa (Fairness Caguioa)] devised the base below:
From inside the a combined marriage anywhere between a Filipino citizen and you can a non-native, one another capacitated in order to wed not as much as Philippine legislation, in the event the non-native would be to obtain a legitimate breakup abroad, capacitating him so you’re able to remarry, the Filipino spouse shall likewise have capability to remarry lower than Philippine legislation.
Yet not, then deliberations reveal that the latest Panel in the course of time fixed to erase the fresh supply and delay action up to pure separation and divorce is determined in future legislation:
Toward Article [26(2)], [Justice Jose B.L. Reyes (Fairness Reyes)] commented this generally seems to discriminate against Filipinos, who are partnered to Filipinos, just like the provision governs simply Filipinos partnered so you can people from other countries.
As the people in new Court, ours is the duty to translate what the law states; this responsibility doesn’t carry with it the advantage to decide exactly what the laws shall be when confronted with changing times, and therefore fuel, therefore, lies solely for the state out-of Congress
Fairness Puno ideal one to, relative to Justice Caguioa’s view you to definitely grown they have to build this new Advised Family unit members Code given that appropriate as possible and since it are not pressing into divorce proceedings that is among the large issues consequently they are leaving it so you can coming rules, it exclude Article 126(2)] briefly and take it after they use the challenge of absolute splitting up.
Prof
Bautista remarked that it is a matter of equity, justice vaimo puola 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 simple fact is that non-native rather than the brand new Filipino, who will look for divorce case.
Justice Reyes remarked that this article is an implicit identification regarding foreign splitting up, with which Justice Caguioa concurred. Bautista and you can [Teacher Flerida Ruth P. Romero ( Romero)] noticed that this article will only safety exceptional circumstances and you may unique issues which there can be a reasonable and big base for making it an exception.
Where a wedding between an effective Filipino resident and you can a non-native was validly known abroad and you may a separation is thereafter validly obtained overseas capacitating including non-native so you can remarry, the brand new Filipino lover will also have ability to remarry under Philippine rules.