Appropriately, Post 26(2) did not come in the original version of your family Password around Professional Buy (EO) 209 that has been finalized into law by then Chairman Corazon Aquino to the July six, 1987. Weeks afterwards, otherwise into the July 17, 1987, President Aquino approved EO 227 which provided, as well as others, Article twenty six(2). For this reason, if the Family Code ultimately grabbed impact on August 3, 1988, Article twenty six, with its entirety, comprehend as follows:

twenty-six. Most of the marriage ceremonies solemnized outside the Philippines, in accordance with the regulations in effect in the nation where these were solemnized, and you may legitimate around as such, will additionally be valid in this nation, but the individuals prohibited below Articles 35(1), (4), (5) and you will (6), thirty six, 37 and 38.

In which a wedding between a great Filipino citizen and you can a non-native is validly renowned and you may a divorce proceedings is thereafter validly received overseas of the new alien mate capacitating him/her so you’re able to remarry, the latest Filipino companion shall have power to remarry around Philippine rules.

While you are Post twenty-six(2) is actually reinstated by the professional fiat, it’s however obvious your genuine soul about the fresh new provision remains specific regarding Panel deliberations – Blog post twenty-six(2) had been designed to help you serve as an exemption to the nationality concept embodied in the Article fifteen of the Municipal Password, and that claims:

Justice Puno, although not, said that it’ll discover the fresh doors so you’re able to about invalidating the latest Philippine statutes from the easy expedient of marrying a non-native, and that it would-be an extra cause for the damage of family members, that Justice Caguioa conformed

15. Laws based on family relations legal rights and you will commitments, or even brand new position, status and you can legal skill of individuals is actually binding through to owners from the latest Philippines, even if life overseas.

Artwork

This new deliberations show that Article 26(2) comes with the effect of (i) enforcing split up getbride.org Klikk her for mer info decrees that are joining into foreign nationals less than their federal rules; and you may (ii) acknowledging the remaining effectation of for example foreign breakup decrees to their Filipino spouses that happen to be limited by new ban against pure separation beneath 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 slim, and you can designed in order to target the unjust situation one to performance whenever a foreign federal gets a divorce proceedings decree against an effective Filipino citizen, making the latter caught when you look at the a married relationship as opposed to a spouse, thus:

Justice Caguioa explained that intention of the supply is to try to legalize overseas divorces into Filipino in order that in the event from an effective Filipina, who was erican, who subsequently afterwards covered a divorce case, told you Filipina was allowed to remarry. Justice Puno and you can Legal Do-it-yourself noticed that that isn’t obvious from the provision [Article twenty six(2)]. Courtroom Do-it-yourself reported that, at the same time, it’s an absurdity to have a good Filipina become hitched as opposed to a partner. (Focus offered)

When you look at the Van Dorn, an incident ily Code, an american citizen tried so you’re able to force their former Filipina partner to provide an accounting of its so-called conjugal organization within the Manila. The new Western citizen contended which he retained the legal right to share regarding proceeds of debated providers, because the separation and divorce decree awarded by Las vegas Area Judge cannot get impression throughout the Philippines. Governing against the American resident, the brand new Legal held the divorce decree given of the an excellent Joined Says legal was binding against him given that an american resident. While the a residual effect of such divorce or separation, the new American resident no more got status to help you sue just like the spouse out of their former Filipina wife. Which, for the Van Dorn, the Legal kept: