Properly, Blog post twenty-six(2) failed to are available in the original variety of the family Password under Government Purchase (EO) 209 which was closed into law at the same time President Corazon Aquino into the July six, 1987. Weeks after, otherwise to the July 17, 1987, President Aquino granted EO 227 which included, yet others, Blog post twenty-six(2). Thus, if the Household members Code in the end got impact on August step 3, 1988, Blog post 26, in its totality, realize as follows:

twenty six. Most of the marriages solemnized beyond your Philippines, in accordance with the rules in force in the nation in which these people were solemnized, and valid around as such, should even be legitimate inside country, except men and women banned under Posts thirty five(1), (4), (5) and you may (6), thirty-six, 37 and you can 38.

In which a marriage anywhere between a great Filipino citizen and you may a foreigner is actually validly recognized and you will a split up is after that validly received abroad by the this new alien companion capacitating your partner so you’re able to remarry, the latest Filipino lover shall also provide ability to remarry around Philippine legislation.

When you’re Article twenty-six(2) are reinstated by executive fiat, it’s still obvious that genuine spirit behind the new provision stays explicit regarding Committee deliberations – Blog post twenty six(2) is constructed to help you act as an exception towards nationality concept embodied in Blog post fifteen of your Municipal Password, hence says:

Fairness Puno, however, said that it’ll open this new doors to help you around invalidating this new Philippine legislation of the easy expedient out-of marrying a foreigner, and this would-be a supplementary cause of the fresh breakage from parents, that Fairness Caguioa consented

15. Statutes per family unit members rights and you may obligations, or even the brand new position, status and you will courtroom potential off individuals try joining through to owners away from new Philippines, regardless of if lifestyle abroad.

Ways

The fresh deliberations reveal that Blog post twenty-six(2) provides the effectation of (i) enforcing split up decrees that are binding toward foreign nationals below the national laws; and you may (ii) recognizing the residual aftereffect of instance international divorce case decrees on their Filipino partners who happen to be limited by the new prohibition against pure divorce or separation within the sveitsiläinen morsian 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 will intended in order to address the new unfair situation you to definitely performance when a foreign national get a breakup decree up against a good Filipino resident, leaving the latter trapped from inside the a wedding without a wife, thus:

Fairness Caguioa explained your aim of the newest provision will be to legalize foreign divorces to your Filipino in order that in the event from a great Filipina, who had been erican, just who consequently later safeguarded a divorce, said Filipina is allowed to remarry. Justice Puno and Judge Diy pointed out that this is not clear regarding the supply [Article 26(2)]. Legal Diy stated that, concurrently, it is a stupidity getting an excellent Filipina as hitched without a partner. (Importance offered)

In the Van Dorn, a situation ily Code, an american citizen found so you can compel their former Filipina spouse so you’re able to give an accounting of the so-called conjugal providers inside Manila. The new American citizen argued which he employed the right to show on the proceeds of the disputed business, as the divorce case decree given of the Las vegas District Judge never be provided with effect regarding Philippines. Ruling up against the Western citizen, the Legal stored your divorce case decree awarded by a great United Claims court try joining against your given that an american resident. Just like the a residual effect of eg split up, this new Western citizen no further had status so you’re able to sue given that husband from his previous Filipina partner. Hence, for the Van Dorn, new Legal stored: