Appropriately, Post twenty-six(2) failed to appear in the initial form of your family Password less than Executive Purchase (EO) 209 that has been signed for the laws by then Chairman Corazon Aquino for the July six, 1987. Weeks after, otherwise towards the July 17, 1987, Chairman Aquino given EO 227 and therefore incorporated, yet others, Blog post twenty six(2). Ergo, if Household members Password finally got influence on August 3, 1988, Article twenty-six, in totality, comprehend the following:
twenty-six. All marriage ceremonies solemnized away from Philippines, according to the laws and regulations in force in the united states where they certainly were solemnized, and you may valid around as a result, shall even be good within nation, but those people prohibited significantly less than Blogs thirty-five(1), (4), (5) and you will (6), 36, 37 and 38.
In which a marriage between a great Filipino citizen and you will a foreigner are validly notable and a separation and divorce try thereafter validly gotten abroad of the the alien lover capacitating your partner so you’re able to remarry, the Filipino lover should supply capacity to remarry around Philippine rules.
When you’re Article twenty-six(2) try reinstated from the government fiat, it’s still clear the real spirit at the rear of the fresh provision stays direct from the Committee deliberations – Blog post twenty-six(2) is crafted so you’re able to serve as a difference toward nationality principle embodied in Post 15 of one’s Municipal Code, hence says:
Fairness Puno, yet not, stated that it’ll open the new doors in order to nearly invalidating the new Philippine statutes from the simple expedient off marrying a foreigner, and this would-be an extra factor in the newest breakage out-of family members, that Fairness Caguioa arranged
fifteen. Statutes relating to family rights and requirements, or to new position, reputation and you can court potential off people try joining upon citizens off the new Philippines, even if way of living abroad.
Artwork
Brand new deliberations demonstrate that Article 26(2) has the effect of BesГёk denne lenken (i) enforcing separation and divorce decrees which can be binding toward foreign nationals around its federal law; and (ii) recognizing the remaining effectation of such as for example foreign divorce or separation decrees on their Filipino spouses who’re limited by the latest ban facing sheer divorce in 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 may implied simply to address the unjust condition you to definitely abilities when a foreign national receives a breakup decree up against a good Filipino resident, leaving aforementioned trapped within the a married relationship instead of a partner, thus:
Justice Caguioa said that goal of the fresh new supply is always to legalize foreign divorces on the Filipino so in the event off good Filipina, who was simply erican, who in turn later secure a breakup, told you Filipina was permitted to remarry. Justice Puno and you will Courtroom Doing it yourself noticed that this isn’t clear in the supply [Blog post twenty six(2)]. Legal Diy reported that, concurrently, it’s an absurdity getting an effective Filipina as hitched versus a partner. (Focus supplied)
In Van Dorn, an instance ily Code, an american resident wanted so you’re able to compel his former Filipina partner in order to provide an accounting of its so-called conjugal company when you look at the Manila. This new American resident debated which he retained the ability to show from the continues of one’s disputed team, since divorce or separation decree awarded of the Las vegas, nevada Area Judge dont be provided with feeling regarding Philippines. Governing up against the American citizen, the newest Legal held that the breakup decree approved by the a good United Claims judge was joining facing your since the an american citizen. Given that a recurring effect of such separation and divorce, the brand new American resident no more got condition to sue while the husband out-of his former Filipina partner. And therefore, within the Van Dorn, brand new Legal stored: