Section 2 from Blog post 26 talks regarding “a divorce case x x x validly obtained overseas of the alien lover capacitating your partner in order to remarry. ” Considering a clear and you will ordinary reading of the supply, it just makes it necessary that here become a breakup validly acquired abroad. The fresh Court is restricted by terms and conditions of your own statute; neither can we place words regarding the mouths of your own lawmakers. “The nation’s lawmakers is thought to know this is of conditions, getting utilized terminology advisedly, and to possess expressed the intent through for example terms as the can be found throughout the law. Verba legis non est recedendum, or on terms and conditions out of a law there has to be no deviation.”

And if, in the interests of argument, the keyword “obtained” is going to be interpreted to help you indicate that this new breakup continuing should be indeed initiated by alien mate, still, new Courtroom does not stick to the letter of law whenever to do so create leave throughout the correct purpose of one’s legislature otherwise do if you don’t give findings inconsistent to the general-purpose of your own act. Statutes have closes to attain, and you will rules might be therefore construed since the not to ever overcome but to address including stops and you may aim. As the kept during the Group off Metropolises of one’s Phils., ainsi que al. vELEC, mais aussi al.:

The newest letter of the laws will not demand the alien partner ought to be the individual who started the brand new continuing wherein the divorce or separation decree try supplied

New legislative purpose is not at all times precisely mirrored in the manner where the ensuing law is actually couched. To obviate so it aberration, and considering the principle the intent or perhaps the heart of your law ‘s the rules itself, resort is to try to the brand new signal the spirit of the law control the page.

So you can summarize, the objective of Part 2 off Blog post twenty six will be to end the new absurd situation where in fact the Filipino spouse stays hitched to the alien mate just who, after a different divorce case decree that is effective in the nation in which it absolutely was rendered, no longer is married on the Filipino lover. The new supply try a corrective scale to address an enthusiastic anomaly where the new Filipino mate try tied to the wedding due to the fact international lover is free so you’re able to marry beneath the legislation of his or her nation. If the Filipino lover initiated the overseas split up continuing or perhaps not, https://getbride.org/no/varme-dominikanske-kvinner/ a good decree dissolving the wedding bond and you may capacitating his otherwise their particular alien partner so you can ree impact: the brand new Filipino spouse commonly effectively end up being in place of a loved one. A beneficial Filipino who started a different divorce proceedings continuing is in the same lay along with “like situation while the an effective Filipino who’s during the getting stop from a keen alien started continuing. Hence, the subject provision ought not to build a significant difference. Both in for example, it is longer as a means to determine the remaining perception of foreign splitting up decree towards Filipinos whose marital ties to help you the alien spouses are severed of the process of your own latter’s federal laws.

Thus, applying an excellent verba legis or purely literal translation regarding a law get promote they worthless and you will trigger hassle, a ridiculous situation otherwise injustice

Conveniently invoking new nationality idea is actually erroneous. Instance concept, found not as much as Article 15 of your own Municipal Code, is not an absolute and you may unbending rule. In reality, the fresh new simple lives regarding Part 2 from Blog post twenty six are an excellent testament that Condition may provide having an exception thereto. Furthermore, blind adherence into nationality idea need to be disallowed when it perform lead to unfair discrimination and you will oppression to particular categories of individuals whoever rights is just as covered by legislation. The new process of law feel the obligations so you can enforce the brand new guidelines away from breakup since the published by the legislature only when they are constitutional.