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Moraña vs. Republic of the Philippines [SEPARATE CONCURRING OPINION, CAGUIOA, J.]

IN RE: PETITION FOR JUDICIAL RECOGNITION OF DIVORCE BETWEEN MINURO* TAKAHASHI AND JULIET RENDORA MORAÑA, JULIET RENDORA MORAÑA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

G.R. No. 227605 | 2019-12-05

SEPARATE CONCURRING OPINION

CAGUIOA, J.:

I concur in the result.

However, I submit, as I did in the case of Republic v. Manalo[1] (Manalo), that Article 26(2) of the Family Code had been crafted to serve as an exception to the nationality principle embodied in Article 15 of the Civil Code. This exception is narrow, and intended only to address the unfair situation that results when a foreign national obtains a divorce decree against a Filipino citizen, leaving the latter stuck in a marriage without a spouse.[2]

As I stated in my Dissenting Opinion in Manalo:

x x x [R]ather than serving as bases for the blanket...