Section dos out of Post twenty six speaks of “a divorce proceedings x x x validly acquired overseas by the alien spouse capacitating your ex lover to help you remarry. ” Centered on a very clear and you will plain studying of provision, they only makes it necessary that truth be told there be a divorce case validly received overseas. The fresh new Courtroom is bound because of the terms of your own law; none do we put terminology throughout the mouths of one’s lawmakers. “Our elected representatives try presumed knowing this is of your own terms, to have put conditions advisedly, in order to enjoys shown their ispanyolca gelinleri gerГ§ek intent through such as terminology because can be found on the statute. Verba legis non est recedendum, otherwise from the terminology out-of a statute there must be zero deviation.”
And if, in the interests of conflict, that phrase “obtained” will likely be interpreted so you’re able to imply that brand new breakup continuing must be actually started by the alien partner, however, the Courtroom cannot stick to the page of your statute when to accomplish this manage depart on genuine intention of legislature otherwise would otherwise yield conclusions contradictory to your general-purpose of your own act. Rules possess stops to get to, and you may rules are thus construed once the to not defeat but to address for example finishes and you will aim. Since the stored from inside the Category from Urban centers of the Phils., mais aussi al. vELEC, mais aussi al.:
The new page of one’s rules doesn’t demand that the alien spouse should be the individual who initiated the fresh new proceeding where breakup decree was granted
The latest legislative intent is not at all times precisely mirrored during the the way where the resulting laws try couched. To help you obviate it aberration, and you can taking into consideration the chief that intention and/or soul of law ‘s the legislation by itself, resorts would be to the code that heart of your own legislation controls its letter.
So you can summarize, the intention of Part dos of Blog post twenty six will be to avoid the new ridiculous condition where the Filipino spouse stays hitched towards alien mate who, once a foreign divorce decree that’s proficient at the country in which it absolutely was made, no longer is married towards Filipino lover. The provision was a restorative level to address an enthusiastic anomaly where the newest Filipino mate are linked with the marriage as overseas spouse is free of charge to wed under the laws and regulations regarding their otherwise her country. Whether or not the Filipino companion initiated new overseas divorce proceedings continuing or not, a favorable decree dissolving the marriage thread and you can capacitating their or their alien lover to help you ree influence: the fresh Filipino spouse often effortlessly feel as opposed to a husband or wife. Good Filipino who initiated a different divorce proceeding is in the exact same put plus “eg circumstance because an effective Filipino who is from the receiving end out of a keen alien started continuing. Thus, the niche provision shouldn’t generate a positive change. Both in such as, it is expanded as an easy way to recognize the remaining feeling of your international divorce decree toward Filipinos whose relationship ties so you can its alien partners was cut by the process of your own latter’s federal laws.
Therefore, using a beneficial verba legis otherwise strictly literal interpretation of a statute will get render they meaningless and you can lead to trouble, an absurd condition or injustice
Conveniently invoking the newest nationality principle is actually erroneous. Including idea, receive under Post 15 of the Civil Password, is not a total and you may unbending code. Indeed, new mere lifetime from Part dos out-of Post twenty-six are an effective testament your State may possibly provide to possess an exception thereto. Additionally, blind adherence to your nationality principle must be disallowed when it manage produce unfair discrimination and you may oppression to specific kinds of men and women whoever liberties try similarly included in legislation. The fresh new process of law feel the obligations so you can impose the latest laws and regulations out of divorce case due to the fact written by our elected representatives as long as he is constitutional.
