At the moment, there may be no legal device significantly less than Philippine law through which good Filipino can get secure a breakup decree abreast of his personal effort. Accordingly, this is the Court’s duty so you can support like coverage and apply the law because it already really stands through to the passage of a keen amendatory legislation about them.

Since people in new Courtroom, ours ‘s the obligations to help you understand what the law states; so it obligation doesn’t bring in it the power to decide what the law is when confronted with changing times, and that electricity, subsequently, lies entirely when you look at the province out-of Congress.

Post twenty six(2) are put from inside the conferences of your Mutual Municipal Code and Loved ones Legislation Panel (the brand new Panel) to address the end result of international split up decrees towards the blended marriages between Filipinos and you can foreign people. The fresh supply, while the originally worded, and rationale because of its addition, come in the brand new deliberations:

Prof

[Teacher Esteban B. Bautista ( Bautista)]is the reason position, even under the introduce rules, was that Filipina girlfriend should be allowed to remarry while the a lot of time as the split up is true beneath the national law out-of brand new spouse, in which [Legal Alicia Sempio-Doing it yourself (Court Diy)] and you will [Justice Leonor Ines-Luciano (Fairness Luciano)] assented.

Just after further deliberation, [Justice Ricardo C. Puno (Justice Puno)] recommended which they formulate the beds base to pay for above condition. Judge Diy and you will [Justice Eduardo P. Caguioa (Fairness Caguioa)] created the base below:

Dean Carale pointed out that Blog post [26(2)] often essentially remind Filipinos to help you get married people from other countries

Within the a combined matrimony between a great Filipino resident and you can a non-native, each other capacitated in order to wed less than Philippine legislation, if for example the non-native is get a legitimate divorce case overseas, capacitating him in order to remarry, the fresh Filipino partner shall likewise have power to remarry lower than Philippine law.

However, then deliberations demonstrate that new Panel at some point solved so you can delete brand new supply and you can delayed action up until natural separation and divorce is decided in future legislation:

Towards the Article [26(2)], [Justice Jose B.L. Reyes (Fairness Reyes)] stated so it seems to discriminate facing Filipinos, who’re married to Filipinos, given that provision controls simply Filipinos hitched so you can foreigners.

Justice Puno ideal you to definitely, according to Fairness Caguioa’s look at that adult they should build brand new Suggested Family unit members Code just like the acceptable you could and because they commonly holding for the divorce proceedings that’s one of many larger things and therefore are leaving it so you’re able to upcoming laws, it abandon Blog post 126(2)] temporarily or take it when they take up the challenge regarding natural divorce proceedings.

Bautista remarked that it is a matter of equity, justice and fairness that Article [26(2)] should be retained. On the point raised by Justice Reyes, Bautista opined that there is no unfairness in the case of a Filipino, who is married to a Filipino, because in the case of a Filipino who is married to a foreigner, the foreigner is already free, and yet the Filipino is still married to nobody. [Dean Bartolome S. Carale (Dean Carale)] added that if two Filipinos are married anywhere, they are both covered by the Philippine prohibitory laws because they are nationals of the Philippines. Justice Caguioa, however, pointed out that, in effect, there is preferential treatment in the case of Filipinos married to foreigners, since if the foreigner gets a divorce, the Filipino spouse also automatically gets a divorce. Bautista disagreed since it’s the non-native and not brand new Filipino, who can search divorce.

Justice Reyes remarked that this article is an implicit identification of foreign separation and divorce, with which Justice Caguioa concurred. Bautista and you can [Professor Flerida Ruth P. Romero ( Romero)] noticed that the article will only safeguards exceptional times and unique issues which there is a good and you will generous foundation to make they an exception.