Filipino spouse is recognized if made in accordance with the national law of the foreigner. [28] (Emphasis
supplied)
As observed by the ponencia, the most important distinction between Filipinos in mixed marriages and those who are
married to fellow Filipinos is their exposure to the absurdity for which Article 26(2) had been precisely crafted, as only
Filipinos in mixed marriages may find themselves married without a spouse due to the effects of a foreign divorce
decree. This distinction is "substantial" as to necessitate a difference in treatment before the law.
To disregard these substantial distinctions for the sake of liberality would empower Filipinos in mixed marriages to
obtain divorce decrees by invoking foreign law at whim, and effectively sanction a legal preference in their favor at the
expense of those Filipinos who happen to be married to their fellow Filipinos. A liberal interpretation of Article 26(2)
would, in Dean Carale's words, "encourage Filipinos to marry foreigners." [29]
To stress, all Filipinos are bound by the prohibition against absolute divorce. The recognition afforded to foreign
divorce under Article 26(2) is extended only as a means to recognize its residual effect on Filipinos whose
marital ties to their alien spouses are severed by operation of the latter's national laws. The provision was
not intended to grant any preferential right in favor of Filipinos in mixed marriages, but intended merely to
recognize the operation of foreign divorce on foreigners whose national laws permit divorce.
Equally apparent is the fundamental distinction between foreigners and Filipinos under the second classification, the
former being subject to their respective national laws and the latter being bound by the laws of the Philippines
regardless of their place of residence. Clearly, foreigners and Filipinos are not similarly situated. Hence, the
determination of their legal status, among others, cannot be made subject to the same parameters. In any case, I
emphasize, at the sake of being repetitious, that such classification had been created not by Article 26(2) of the
Family Code, but rather, the nationality principle under Article 15 of the Civil Code:
ART. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad.
Finally, I find that Article 26(2) does not make any discernable distinction between men and women, as the exception
therein may be invoked by both men and women with equal force to attain the same end, provided that the
requirements for its application obtain. While I am certainly aware that the respondent in this case is one of the many
Filipino women who find themselves in unsuccessful marriages with foreign nationals, I am equally aware that this
unfortunate circumstance is similarly faced by Filipino men, who, like their female counterparts, are precluded from
obtaining an absolute divorce under Philippine law.
Respondent's case falls outside of the scope of
Article 26(2) of the Family Code.
In this case, it has been established that (i) the respondent is a Filipino citizen who married a Japanese national; (ii) it
was the respondent who subsequently obtained a divorce decree against her Japanese husband from a
Japanese court; and (iii) the respondent thereafter filed a Petition for Recognition and Enforcement of a Foreign
Judgment[30] before the RTC.[31] It is clear that respondent is, and has always been, a Filipino citizen. Pursuant to the
nationality principle, respondent's personal status is subject to Philippine law which, in turn, prohibits absolute
divorce.
Hence, the divorce decree which respondent obtained under Japanese law cannot be given effect, as she is, without
dispute, a national not of Japan, but of the Philippines. Nevertheless, the verba legis application of Article 26(2) does
not deprive the respondent of legal remedies, as she may pray for the severance of her marital ties before the RTC in
accordance with the mechanisms now existing under the Family Code.
The Constitution mandates the protection of the family as a basic autonomous social institution.[32] In this connection,
the Family Code characterizes marriage as a special contract of permanent union, and regards the family as "an
inviolable social institution whose nature, consequences, and incidents are governed by law" and generally, not
subject to stipulation.[33] Upon these fundamental principles rests the prohibition against absolute divorce, which had
remained effective and unchanged since the enactment of the Civil Code in 1950. [34]
Adherence to this prohibition is met with much reservation, as it purportedly forces Filipinos to play second-fiddle to
their foreign spouses, and places said Filipinos at a disadvantage. Moreover, it had been argued in the deliberations
of the Court that such adherence sanctions various forms of abuse that plague mixed marriages, and deprives
Filipinos in such marriages of a way out. I find that these observations, pressing as they are, already delve into the
wisdom of statutes governing marriage and personal status with which the Court cannot interfere.
To note, Article 26(2) of the Family Code has remained unchanged since the issuance of EO 227. The blanket
recognition of absolute divorce overturns the Court's unequivocal interpretation of the provision as laid down in the
cases of Pilapil, Iyoy, Orbecido, Dacasin, Bayot, Fujiki and Medina, which span a period of nearly three decades.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents