Part 2 off Post 26 speaks of “a separation x x x validly received overseas because of the alien mate capacitating your ex to help you remarry. ” Based on a clear and you can basic training of supply, it only makes it necessary that truth be told there become a divorce or separation validly received overseas. The brand new Court is bound from the terms and conditions of one’s law; none do we put terminology regarding the mouths of one’s lawmakers. “The nation’s lawmakers was thought to know the definition of the terms and conditions, getting made use of terms and conditions advisedly, in order to keeps indicated the intention by way of eg terminology as are observed on law. Verba legis non est recedendum, or from the words from a statute there must be no departure.”
Incase, with regard to dispute, your keyword “obtained” might be interpreted to imply that the new separation and divorce proceeding need to be in reality initiated of the alien partner, still, the fresh new Courtroom cannot proceed with the letter of the statute whenever to do this would leave from the genuine intention of one’s legislature otherwise create or even yield conclusions contradictory to your general-purpose of one’s act. Statutes have ends to achieve, and you will laws and regulations are going to be so construed as the not to ever overcome however, to address such as comes to an end and you will aim. As the stored during the League of Urban centers of one’s Phils., et al. vELEC, mais aussi al.:
The latest page of one’s law does not consult that alien companion ought to be the person who initiated the brand new continuing wherein the divorce proceedings decree is actually supplied
The brand new legislative purpose is not minutes precisely mirrored inside the way in which the resulting laws is couched. To obviate that it aberration, and taking into consideration the principle that intention and/or spirit of the law is the law alone, resort would be to the newest code your soul of laws control the page.
In order to reiterate, the reason for Part 2 out-of Blog post 26 is always to prevent the new ridiculous disease where the Filipino lover remains hitched into alien mate whom, shortly after a different divorce or separation decree that’s good at the nation where it was made, is no longer hitched toward Filipino partner. The latest provision try a corrective level to address an enthusiastic anomaly where the brand new Filipino mate are associated with the marriage because overseas lover is free to help you marry within the regulations regarding their or her nation. If the Filipino mate started this new foreign divorce proceedings proceeding or otherwise not, a good decree dissolving the marriage thread and capacitating their otherwise their alien partner in order to ree effect: the Filipino lover usually effortlessly end up being instead of a husband or wife. An effective Filipino whom initiated a foreign divorce case proceeding is in the same lay along with “such as for example circumstances because an excellent Filipino who is at the choosing prevent out of an enthusiastic alien started continuing. For this reason, the topic supply should not build a big difference. In for example, it is expanded as a means to identify the residual feeling of your overseas divorce case decree with the Filipinos whose relationship connections so you’re able to its alien spouses is actually cut from the process of your latter’s national law.
For this reason, implementing a beneficial verba legis otherwise purely exact interpretation of a statute could possibly get promote they meaningless and you will cause hassle, a ridiculous condition or injustice
Conveniently invoking the fresh new nationality principle was erroneous. Instance principle, discover around Post 15 of Civil Code, isn’t an outright and you can unbending rule. Indeed, the fresh mere life out of Part dos off Blog post twenty-six is a beneficial testament your Condition may possibly provide getting an exemption thereto. Additionally, https://internationalwomen.net/tr/misirli-kadinlar/ blind adherence to your nationality idea have to be disallowed in the event it manage end in unjust discrimination and you will oppression to particular classes of men and women whose rights try equally included in legislation. This new courts feel the duty to help you demand this new rules out of split up once the compiled by the legislature only if he is constitutional.