Paragraph dos off Post 26 speaks off “a breakup x x x validly acquired overseas of the alien spouse capacitating him/her so you’re able to remarry. ” According to an obvious and plain understanding of one’s supply, they merely requires that truth be told there getting a divorce or separation validly acquired overseas. The fresh new Court is restricted because of the terms and conditions of your own law; neither will we set words regarding the mouths of one’s lawmakers. “The legislature is actually thought knowing the meaning of your own terminology, to possess used conditions advisedly, and to has conveyed the purpose by way of eg terminology just like the can be found in the law. Verba legis non est recedendum, otherwise throughout the terms regarding a statute there has to be no departure.”
Of course, if, in the interest of conflict, your word “obtained” is going to be translated so you can mean that the newest divorce continuing need to be in fact started by the alien mate, nevertheless, the Legal will not stick to the letter of your law whenever to take action do leave about real intention of legislature otherwise do or even give findings inconsistent to your general purpose of your own operate. Legislation has ends to achieve, and you may statutes will be so construed since never to defeat but to take care of such ends and you can intentions. Given that stored for the League out-of Towns of Phils., mais aussi al. vELEC, et al.:
The latest page of your own rules will not demand your alien mate should be the person who started the latest continuing where the divorce proceedings decree was granted
The fresh legislative intent is not at all times precisely reflected when you look at the the manner the spot where the ensuing law are couched. To obviate this aberration, and you can bearing in mind the main the purpose or even the spirit of your laws is the rules itself, resorts should be to the latest laws the soul of one’s law controls their page.
To help you reiterate, the goal of Part dos out of Blog post 26 would be to prevent the newest ridiculous disease in which the Filipino lover stays hitched towards the alien spouse just who, immediately after a different breakup decree that’s proficient at the country in which it had been rendered, has stopped being married to the Filipino companion. The newest provision is a corrective size to deal with a keen anomaly in which the brand new Filipino companion is linked with the wedding given that overseas companion is free of charge in order to marry beneath the laws and regulations from their otherwise their country. Perhaps the Filipino spouse started the fresh new international divorce proceedings proceeding or perhaps not, a good decree dissolving the wedding bond and you can capacitating their otherwise their particular alien companion so you can ree influence: the newest Filipino companion often effortlessly feel in the place of a wife or husband. Good Filipino who started a foreign splitting up continuing is in the exact same lay along with “instance condition as a beneficial Filipino who’s during the finding stop of an alien started continuing. Thus, the subject supply should not create a distinction. Both in such, it is expanded as a means to recognize the remaining feeling of the overseas divorce or separation decree into Filipinos whose marital links so you can the alien spouses try severed from the operation of your latter’s national legislation.
Hence, applying an effective verba legis otherwise strictly exact interpretation away from a law will get give they meaningless and you may cause hassle, a ridiculous disease or injustice
Easily invoking the nationality concept try erroneous. Particularly concept, receive not as much as Article 15 of the Civil Password, isn’t a total and unbending signal. Indeed, the brand new mere lifestyle from Part dos off Article 26 try a good testament that State might provide having an exception thereto. Additionally, blind adherence toward nationality idea have to be disallowed if it do result in unfair discrimination and oppression to particular classes of people whose rights is similarly included in rules. The courts have the obligation to help you enforce the latest laws regarding divorce because written by the nation’s lawmakers as long as he’s constitutional.
