Appropriately, Blog post twenty six(2) don’t are available in the original types of your family Password below Manager Acquisition (EO) 209 which was signed to your legislation by then Chairman Corazon Aquino into July 6, 1987. Months later on, or towards the July 17, 1987, Chairman Aquino awarded EO 227 and this integrated, as well as others, Post twenty-six(2). Thus, if Family unit members Password fundamentally took effect on August 3, 1988, Blog post twenty six, in its totality, comprehend the following:

26. Most of the marriage ceremonies solemnized outside the Philippines, according to the legislation in effect in the united states where they certainly were solemnized, and you can appropriate indeed there as a result, will additionally be good contained in this country, but those prohibited below Posts 35(1), (4), (5) and you will (6), 36, 37 and you may 38.

In which a married relationship between an effective Filipino Mer om forfatteren resident and you will a non-native are validly famous and you may a split up was thereafter validly received overseas of the the alien spouse capacitating your ex partner so you’re able to remarry, the fresh new Filipino lover will also have power to remarry around Philippine legislation.

When you are Post twenty six(2) was reinstated from the government fiat, it’s nonetheless obvious the real soul about the latest supply remains explicit throughout the Committee deliberations – Article twenty six(2) was designed to serve as a different on nationality principle embodied in the Blog post 15 of one’s Municipal Password, hence states:

Justice Puno, however, mentioned that it will discover the newest gates to help you virtually invalidating the newest Philippine statutes because of the effortless expedient away from marrying a foreigner, and that it will be an extra cause of brand new damage out-of group, with which Fairness Caguioa agreed

fifteen. Guidelines based on family rights and responsibilities, or to the latest condition, status and you can legal ability from persons are joining on people away from new Philippines, in the event traditions abroad.

Artwork

The new deliberations demonstrate that Blog post twenty six(2) has the effectation of (i) implementing divorce case decrees which happen to be binding on the foreign nationals significantly less than its federal rules; and (ii) recognizing the remaining effect of including overseas divorce case decrees on the Filipino spouses that happen to be bound by the brand new ban against sheer separation and divorce under the 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 can designed simply to address the latest unfair state you to performance whenever a different federal receives a separation decree against a beneficial Filipino resident, making the latter stuck in the a married relationship rather than a spouse, thus:

Justice Caguioa explained your goal of the brand new supply would be to legalize foreign divorces to your Filipino to make sure that in the case of a Filipina, who was simply erican, just who in turn afterwards secured a separation and divorce, said Filipina might be allowed to remarry. Justice Puno and Legal Diy noticed that this isn’t clear on supply [Article twenty six(2)]. Court Diy reported that, concurrently, it’s an absurdity to have a Filipina is married in place of a spouse. (Focus supplied)

When you look at the Van Dorn, an instance ily Code, an american citizen wanted to help you compel his former Filipina spouse so you can give an accounting of the alleged conjugal team into the Manila. This new Western resident contended he hired the right to display in the proceeds of your debated organization, because separation and divorce decree approved by Las vegas, nevada Area Court never get perception regarding Philippines. Ruling resistant to the Western citizen, brand new Legal stored your breakup decree approved of the an excellent Joined States legal was binding against him since the a western citizen. Given that a recurring effectation of for example divorce case, the Western resident no more had condition so you can sue because spouse regarding their previous Filipina partner. And this, inside Van Dorn, the latest Judge stored: