Accordingly, Post twenty-six(2) did not appear in the original sort of the family Password below Executive Buy (EO) 209 that has been finalized into the legislation at the same time Chairman Corazon Aquino on the July six, 1987. Days afterwards, or with the July 17, 1987, President Aquino granted EO 227 which provided, as well as others, Post twenty six(2). Therefore, if the Members of the family Password eventually took affect August step 3, 1988, Post twenty-six, within its totality, realize below:
26. All the marriage ceremonies solemnized outside of the Philippines, in accordance with the laws in force in the nation in which these people were solemnized, and you will good indeed there as such, should additionally be appropriate within this nation, except the individuals prohibited lower than Articles thirty-five(1), (4), (5) and you will (6), 36, 37 and 38.
Where a marriage anywhere between an effective Filipino citizen and you may a non-native was validly celebrated and a breakup is actually thereafter validly gotten overseas by the alien companion capacitating your ex partner so you’re able to remarry, the brand new Filipino spouse shall also provide ability to remarry significantly less than Philippine law.
When you are Blog post twenty-six(2) was reinstated by the executive fiat, it’s nevertheless clear the genuine spirit trailing the fresh new supply remains direct about Panel deliberations – Post twenty six(2) is designed to help you serve as a different for the tanД±Еџma sitesi ispanyolca nationality concept embodied from inside the Blog post fifteen of your own Civil Password, and therefore says:
Justice Puno, but not, commented that it will open this new doors to about invalidating this new Philippine regulations because of the easy expedient of marrying a foreigner, and that it might possibly be a supplementary cause of the new breakage from household, in which Fairness Caguioa conformed
fifteen. Regulations in accordance with family members liberties and duties, or perhaps to the newest standing, standing and you will judge skill out-of persons is actually joining upon customers away from the fresh Philippines, though life abroad.
Artwork
The fresh new deliberations reveal that Blog post twenty six(2) provides the aftereffect of (i) enforcing separation decrees being joining on foreign nationals around their federal legislation; and you will (ii) acknowledging the rest of the effectation of such as international split up decrees on their Filipino partners who’re limited by the new prohibition facing sheer divorce within the Civil 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 thin, and you can required just to address the brand new unjust problem you to definitely efficiency when a foreign federal gets a divorce decree against a great Filipino resident, making the second trapped inside a wedding instead a spouse, thus:
Fairness Caguioa explained the intention of the supply is always to legalize international divorces on Filipino so that in the case away from an excellent Filipina, who had been erican, which in turn after covered a divorce case, said Filipina was allowed to remarry. Fairness Puno and you will Judge Do-it-yourself noticed that this is not clear throughout the provision [Post 26(2)]. Legal Doing it yourself stated that, as well, it’s a stupidity to own an effective Filipina are hitched as opposed to a partner. (Focus offered)
In the Van Dorn, a situation ily Password, an american citizen tried in order to force his previous Filipina spouse in order to render an accounting of their so-called conjugal company in the Manila. The new American resident debated which he chose the legal right to show from the continues of your own debated business, since divorce decree provided from the Las vegas Section Legal dont be given perception about Philippines. Governing from the Western resident, the brand new Court stored the breakup decree given by good United Says court is actually binding up against your given that a western citizen. While the a recurring aftereffect of such as for instance splitting up, the brand new Western citizen not any longer got status to help you sue since the spouse off their former Filipina spouse. And this, inside Van Dorn, this new Court held: