Hence, the new Committee consented you to x x x Article [26(2)] will be removed x x x

Properly, Blog post twenty-six(2) did not come in the initial form of your family Code less than Government Order (EO) 209 which was finalized with the laws at the same time Chairman Corazon Aquino to the July six, 1987. Months later on, otherwise into the July 17, 1987, Chairman Aquino issued EO 227 which incorporated, and others, Blog post twenty-six(2). Thus, in the event the Relatives Code fundamentally got effect on August step 3, 1988, Post twenty six, with its totality, comprehend below:

twenty-six. All the marriage ceremonies solemnized beyond your Philippines, according to the rules in effect in the united states where these were solemnized, and you may valid indeed there as a result, will also be good inside country, except those people prohibited not as much as Blogs 35(1), (4), (5) and you will (6), thirty-six, 37 and you will 38.

In which a marriage between an excellent Filipino resident and you may a foreigner are validly famous and a divorce case is actually thereafter validly received overseas of the the newest alien mate capacitating your ex so you’re able to remarry, the fresh new Filipino partner will also provide power to remarry lower than Philippine rules.

While you are Article 26(2) was reinstated by the administrator fiat, it’s nevertheless clear that the true soul at the rear of the latest supply remains direct about Panel deliberations – Post twenty six(2) got designed to help you act as a different towards nationality principle embodied for the Blog post 15 of your own Municipal Code, and therefore says:

Fairness Puno, but not, mentioned that it will unlock the brand new gates so you’re able to almost invalidating the latest Philippine legislation because of the simple expedient away from marrying a non-native, and that it could well be an extra reason behind brand new damage out-of family, that Fairness Caguioa agreed

15. Legislation relating to friends legal rights and you may duties, or even to brand new standing, condition and legal strength off individuals try binding up on residents of the brand new Philippines, even when traditions abroad.

Artwork

The fresh deliberations reveal that Article twenty-six(2) comes with the effect of (i) enforcing split up decrees that are binding to the international nationals less than their federal laws; and you will (ii) recognizing the rest of the effectation of like international separation and divorce decrees to their Filipino partners that happen to be limited by the latest ban against pure splitting up beneath the Municipal 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 narrow, and you will required merely to address the latest unjust disease you to abilities whenever a foreign federal obtains a divorce case decree against a great Filipino resident, leaving the latter trapped inside a married relationship instead a spouse, thus:

Justice Caguioa informed me that intention of the newest provision would be to legalize foreign divorces on the Filipino to ensure that in the event off a good Filipina, who had been erican, who therefore afterwards protected a split up Kawasaki in Japan bride, said Filipina could be allowed to remarry. Fairness Puno and you may Courtroom Doing it yourself pointed out that this isn’t obvious regarding supply [Blog post 26(2)]. Legal Doing it yourself stated that, at exactly the same time, it is an absurdity having an effective Filipina becoming married instead a husband. (Emphasis provided)

Inside Van Dorn, a case ily Password, a western citizen wanted so you’re able to compel his previous Filipina wife in order to offer an accounting of the so-called conjugal team inside the Manila. This new Western citizen debated he chose the legal right to show from the continues of one’s disputed organization, because split up decree approved by Las vegas Region Courtroom try not to get impact from the Philippines. Governing resistant to the Western citizen, the latest Legal kept that the divorce proceedings decree given by a beneficial United Claims judge try binding against him as the a western citizen. Since a recurring aftereffect of instance breakup, this new Western citizen not had reputation so you’re able to sue as the spouse regarding their previous Filipina partner. And therefore, within the Van Dorn, the latest Court held: