Consequently, Post twenty six(2) don’t appear in the initial brand of your family Password below Executive Acquisition (EO) 209 which had been signed to the laws at that time President Corazon Aquino into the July 6, 1987. Weeks later, otherwise on the July 17, 1987, Chairman Aquino awarded EO 227 and that incorporated, yet others, Post 26(2). Therefore, when the Friends Password in the long run took affect August 3, 1988, Article twenty six, in its entirety, discover the following:
twenty-six. All of the marriages solemnized away from Philippines, in accordance with the rules in force in the country in which these people were solemnized, and you will valid around as such, will be also appropriate within nation, but people blocked under Stuff thirty five(1), (4), (5) and you may (6), thirty-six, 37 and you may 38.
In which a wedding anywhere between good Filipino citizen and a non-native is actually validly distinguished and you can a divorce try after that validly obtained overseas of the the new alien mate capacitating him or her in order to remarry, the brand new Filipino partner will likewise have power to remarry significantly less than Philippine rules.
If you are Blog post 26(2) is reinstated from the executive fiat, it’s however clear the genuine soul behind the brand new provision remains specific regarding the Committee deliberations – Article 26(2) ended up being constructed so you’re able to act as a different toward nationality concept embodied for the Post fifteen of Civil Password, and therefore says:
Fairness Puno, not, mentioned that it will unlock new doorways to help you nearly invalidating this new Philippine laws by effortless expedient from marrying a foreigner, and that it was an additional cause of brand new breakage off families, with which Justice Caguioa conformed
fifteen. Guidelines per household members liberties and you can requirements, or perhaps to the brand new standing, updates and courtroom strength regarding individuals are joining abreast of residents regarding the fresh Philippines, even though living abroad.
Artwork
Brand new deliberations demonstrate that Blog post twenty six(2) gets the aftereffect of (i) enforcing separation and divorce decrees which happen to be joining on international nationals not as much as its federal laws; and you can (ii) acknowledging the remaining aftereffect of such foreign separation and divorce decrees on the Filipino spouses who will be limited by the brand new prohibition facing absolute divorce underneath the Civil Password.
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 can required simply to target new unfair condition you to performance when a foreign federal receives a splitting up decree up against a beneficial Filipino citizen, making the second trapped during the a marriage instead of a wife, thus:
Justice Caguioa informed me that the intention of the brand new supply is to legalize foreign divorces toward Filipino to ensure that in case from a good Filipina, who was simply erican, exactly who in turn later secure a divorce proceedings, said Filipina is permitted to remarry. Justice Puno and you can Courtroom Do-it-yourself noticed that this is simply not obvious regarding provision [Blog post twenty-six(2)]. Judge Diy stated that, at the same time, getbride.org Ana Sayfa it is an absurdity for an effective Filipina to-be hitched without a husband. (Emphasis offered)
From inside the Van Dorn, a situation ily Password, an american citizen found so you can compel their previous Filipina wife in order to offer an accounting of the so-called conjugal business from inside the Manila. The Western resident contended that he hired the right to show in the proceeds of the disputed company, once the breakup decree approved by Vegas Area Legal don’t be given impact from the Philippines. Ruling resistant to the Western citizen, the latest Legal held that divorce decree granted because of the good United Says legal try binding against your just like the an american citizen. As a recurring aftereffect of instance divorce or separation, the fresh new American citizen not any longer got standing to sue as the husband out-of his previous Filipina spouse. And this, in the Van Dorn, the newest Court stored: