Consequently, Post twenty-six(2) did not come in the first version of the household Code not as much as Manager Order (EO) 209 Brasilia morsiamet which was closed for the rules at that time President Corazon Aquino to the July 6, 1987. Weeks after, otherwise into July 17, 1987, Chairman Aquino granted EO 227 hence integrated, as well as others, Post twenty six(2). Therefore, in the event that Household members Password eventually grabbed influence on August step 3, 1988, Post twenty six, in its totality, comprehend below:
26. All marriage ceremonies solemnized outside the Philippines, in accordance with the rules in effect in the united kingdom in which these were solemnized, and you may appropriate there as a result, shall additionally be good within nation, except those individuals banned under Articles thirty-five(1), (4), (5) and you may (6), 36, 37 and 38.
In which a married relationship anywhere between a great Filipino citizen and a non-native is actually validly known and you may a divorce proceedings try thereafter validly obtained overseas from the the fresh new alien lover capacitating him/her to remarry, brand new Filipino companion shall have capacity to remarry lower than Philippine rules.
When you’re Post twenty-six(2) try reinstated from the manager fiat, it’s however obvious that the real heart trailing the supply remains explicit on the Committee deliberations – Post twenty six(2) was created so you’re able to act as a difference into nationality idea embodied during the Post fifteen of one’s Municipal Password, which says:
Justice Puno, although not, stated that it’ll unlock the latest doors to almost invalidating the fresh new Philippine legislation because of the easy expedient of marrying a foreigner, and this could be an extra reason for the brand new breakage regarding group, that Justice Caguioa arranged
15. Regulations per family members liberties and you will responsibilities, or perhaps to this new updates, status and you will court capabilities regarding people was binding through to citizens regarding the Philippines, even when traditions overseas.
Artwork
The deliberations show that Blog post 26(2) gets the aftereffect of (i) implementing divorce case decrees which can be joining into foreign nationals not as much as its national law; and (ii) accepting the residual effect of such international breakup decrees to their Filipino partners that limited by new ban up against natural divorce or separation 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 thin, and you can implied in order to target new unfair state you to show whenever a different national obtains a divorce proceedings decree against a good Filipino citizen, leaving the second caught in a marriage instead a spouse, thus:
Justice Caguioa informed me that the intention of the fresh new provision will be to legalize international divorces with the Filipino so that in the case off a Filipina, who was simply erican, just who therefore later secure a divorce case, told you Filipina could well be allowed to remarry. Justice Puno and you can Court Diy pointed out that it is not obvious on the supply [Post twenty-six(2)]. Courtroom Diy stated that, as well, it is an absurdity getting a good Filipina to be partnered instead a spouse. (Stress given)
For the Van Dorn, a situation ily Code, a western citizen wanted to compel their previous Filipina wife so you can give a bookkeeping of the alleged conjugal organization within the Manila. Brand new American citizen contended which he chosen the right to express throughout the continues of your own disputed team, due to the fact divorce case decree approved by Las vegas, nevada Section Legal dont be provided with effect on the Philippines. Ruling against the Western resident, the fresh new Court kept that the breakup decree awarded from the good United Says courtroom is joining facing him because an american citizen. Once the a residual aftereffect of including split up, the new American resident not any longer had condition so you can sue while the partner out of his former Filipina wife. And therefore, for the Van Dorn, the brand new Courtroom kept: