Part 2 out-of Post twenty six speaks out of “a split up x x x validly acquired abroad from the alien mate capacitating him or her so you can remarry. ” Predicated on a definite and ordinary studying of supply, they just makes it necessary that indeed there become a separation validly received overseas. The Judge is restricted of the terms and conditions of law; none will we place terms on the lips of one’s lawmakers. “The legislature is presumed to understand the meaning of one’s words, to possess made use of terms and conditions advisedly, also to has expressed the intention by using instance words while the are located on law. Verba legis low est recedendum, otherwise in the words from a law there has to be no departure.”
Of course, for the sake of dispute, the keyword “obtained” are interpreted to signify the latest breakup proceeding have to be actually started by alien lover, nonetheless, new Legal will not proceed with the letter of the law when to accomplish VenezГјella kadД±n this do depart on the real intent of your legislature otherwise carry out if you don’t produce findings contradictory for the general-purpose of your operate. Guidelines features stops to achieve, and you may laws and regulations shall be therefore construed because the not to ever defeat but to undertake such as for instance concludes and you may objectives. Once the held when you look at the Category out of Metropolitan areas of Phils., ainsi que al. vELEC, mais aussi al.:
The new page of your own rules will not demand that alien partner must be the person who started new proceeding where splitting up decree are provided
The fresh legislative purpose is not at all minutes accurately reflected in the manner where the ensuing law is actually couched. In order to obviate that it aberration, and considering the chief the purpose and/or heart of your law is the rules in itself, resort will be to brand new laws that the soul of your own laws controls its letter.
To help you summarize, the goal of Paragraph 2 of Blog post 26 is to try to stop the brand new absurd condition where in fact the Filipino mate stays married towards the alien spouse which, just after a foreign split up decree which is effective in the nation where it had been rendered, has stopped being partnered for the Filipino mate. The brand new supply try a restorative size to handle an enthusiastic anomaly where the fresh new Filipino lover was associated with the marriage just like the foreign companion is free of charge to help you wed within the rules out of his otherwise her country. If the Filipino spouse started the fresh new international split up continuing or not, a great decree dissolving the wedding thread and you will capacitating their or her alien companion so you’re able to ree influence: the newest Filipino companion tend to effectively feel in the place of a husband or wife. A beneficial Filipino who started a foreign divorce proceeding is within the same put along with “for example circumstances once the a Filipino that is from the receiving prevent out-of a keen alien initiated continuing. For this reason, the niche provision should not create an improvement. In both such as, it is lengthened as a means to identify the residual impression of the foreign splitting up decree to the Filipinos whose marital ties to help you their alien partners was cut from the operation of the latter’s national law.
For this reason, implementing a beneficial verba legis or purely literal interpretation from a law can get render they worthless and you can end up in hassle, an absurd disease otherwise injustice
Easily invoking the nationality principle is actually incorrect. For example concept, discover lower than Post fifteen of your Municipal Password, isn’t an outright and you can unbending signal. Indeed, the simple life regarding Section 2 out of Blog post 26 was a good testament your County might provide getting an exemption thereto. Moreover, blind adherence towards nationality concept need to be disallowed if it would produce unjust discrimination and you can oppression to specific kinds men and women whose legal rights is just as included in laws. The new process of law have the responsibility to help you enforce this new regulations out of divorce proceedings while the written by the nation’s lawmakers only if he or she is constitutional.
