And therefore, the fresh Committee concurred one to x x x Blog post [26(2)] will be deleted x x x

Properly, Blog post twenty-six(2) did not come in the initial sort of your family Code less than Administrator Order (EO) 209 that was finalized on laws at the same time President Corazon Aquino on July six, 1987. Weeks afterwards, or on July 17, 1987, Chairman Aquino provided EO 227 and this included, among others, Article twenty six(2). Thus, in the event the Friends Code finally grabbed influence on August Sveitsi-naiset 3, 1988, Post twenty six, with its totality, realize below:

26. The marriages solemnized beyond your Philippines, in accordance with the statutes in force in the nation where they certainly were solemnized, and you will good there therefore, should additionally be valid within this country, except the individuals prohibited significantly less than Blogs 35(1), (4), (5) and you can (6), thirty six, 37 and you may 38.

In which a wedding between a beneficial Filipino resident and you can a foreigner is validly well known and you may a divorce proceedings try afterwards validly acquired overseas by this new alien spouse capacitating your partner so you’re able to remarry, the Filipino companion should likewise have ability to remarry lower than Philippine law.

Whenever you are Article twenty six(2) was reinstated of the exec fiat, it is however obvious that real soul behind the latest supply stays specific throughout the Panel deliberations – Post twenty-six(2) was actually constructed so you can serve as an exemption on the nationality idea embodied in the Blog post fifteen of your own Municipal Code, and this states:

Justice Puno, however, mentioned that it’ll open the newest doorways so you can nearly invalidating the newest Philippine regulations because of the effortless expedient from marrying a foreigner, and this might possibly be an extra reason for the brand new breakage out of families, with which Fairness Caguioa conformed

15. Rules per relatives legal rights and you will obligations, or even the updates, position and you will judge potential from persons are binding up on customers regarding new Philippines, even in the event traditions overseas.

Artwork

The fresh new deliberations reveal that Post 26(2) has the effect of (i) enforcing divorce case decrees being joining on the overseas nationals around its federal rules; and you will (ii) acknowledging the residual effectation of like international separation decrees on their Filipino spouses who’re bound by this new ban facing pure separation according to the Municipal Code.

To be sure, Article 26(2) had not been crafted to dilute the Philippines’ policy against absolute divorce. In fact, this perceived possible dilution is precisely what prompted the majority of the Committee members to vote for the deletion of Article 26(2) in the initial version of the Family Code found in EO 209. As the deliberations indicate, the exception provided in Article 26(2) is slim, and you will intended merely to target the newest unjust disease one to show whenever a foreign national obtains a split up decree facing a great Filipino citizen, making the latter trapped for the a wedding in the place of a partner, thus:

Justice Caguioa explained that intention of the latest provision is to try to legalize foreign divorces to your Filipino to make sure that in the case out-of a Filipina, who was simply erican, which consequently afterwards secure a split up, said Filipina might possibly be allowed to remarry. Justice Puno and you may Courtroom Doing it yourself noticed that this isn’t obvious on the provision [Post 26(2)]. Courtroom Doing it yourself stated that, concurrently, it is an absurdity to own an effective Filipina becoming hitched rather than a partner. (Stress given)

In Van Dorn, a situation ily Code, a western citizen found to help you compel their former Filipina wife so you’re able to bring a bookkeeping of the so-called conjugal business during the Manila. Brand new Western citizen debated which he employed the right to show on continues of debated providers, given that splitting up decree given of the Vegas Section Legal cannot get impression in the Philippines. Ruling from the Western resident, the newest Judge kept your breakup decree provided of the a beneficial Joined Claims court try binding against him as a western citizen. Because a residual effectation of like split up, the fresh new American citizen not any longer got condition so you’re able to sue given that spouse out-of his former Filipina spouse. And therefore, in the Van Dorn, the fresh Courtroom held: