Paragraph 2 out of Post 26 talks off “a divorce or separation x x x validly gotten abroad from the alien mate capacitating your ex lover so you’re able to remarry. ” Considering a clear and you can plain studying of your provision, it merely makes it necessary that here end up being a divorce proceedings validly obtained abroad. The brand new Courtroom is restricted of the terms of the law; none can we lay terms and conditions about mouths of your lawmakers. “The nation’s lawmakers is actually assumed to understand the definition of one’s terminology, to have made use of conditions advisedly, and also to keeps shown the purpose by way of for example conditions due to the fact are found in the law. Verba legis low est recedendum, otherwise from the words regarding a statute there has to be zero departure.”
And if, with regard to dispute, the phrase “obtained” shall be interpreted to help you indicate that this new splitting up continuing need to be indeed initiated by alien lover, however, the newest Court doesn’t stick to the page of law when to take action would leave regarding real intention of your own legislature otherwise perform or even give findings inconsistent on the general purpose of operate. Rules provides closes to get to, and you can laws can be thus construed once the not to overcome but to control particularly finishes and you will purposes. As the kept into the League from Towns of Phils., et al. vELEC, mais aussi al.:
New letter of your own legislation does not consult the alien mate should be the individual that started this new proceeding where split up decree are supplied
New legislative intention is not at all times truthfully shown from inside the the manner in which the resulting legislation try couched. To help you obviate that it aberration, and you will bearing in mind the main the purpose or the heart of your law ‘s the law by itself, lodge will be to the newest rule the heart of the rules regulation its letter.
So you can summarize, the intention of Part dos regarding Blog post twenty six is to prevent this new ridiculous disease where in fact the Filipino companion remains hitched towards the alien mate which, once a foreign divorce or separation decree which is good at the world in which it actually was made, no longer is partnered with the Filipino spouse. This new provision try a corrective measure to deal with a keen anomaly where the newest Filipino lover try linked with the wedding since the overseas lover is free of charge so you’re able to wed according to the legislation away from their or their unique nation. If the Filipino spouse started the fresh new foreign splitting up proceeding or not, a favorable decree dissolving the wedding bond and capacitating his otherwise their particular alien spouse to ree effects: the new Filipino lover commonly effectively feel rather than a loved one. A beneficial Filipino who started a different separation and divorce continuing is in the exact same set plus in “such as scenario given that a Filipino who’s within choosing stop away from an alien initiated continuing. Hence, the topic provision should not build a positive change. In both such as for example, it is lengthened as an easy way to understand the residual impact of the foreign splitting up decree towards Filipinos whoever relationship connections in order to its alien partners are severed from the operation of the latter’s federal legislation.
Hence, using a good verba legis or strictly exact translation out of a statute may promote it worthless and you may end up in inconvenience, an absurd state or injustice
Conveniently invoking the nationality principle is actually erroneous. Like principle, discover below Blog post Rome in Italy women marriage agencies fifteen of Civil Password, is not a total and you will unbending signal. Indeed, the brand new mere lifestyle of Section 2 away from Article 26 is good testament your Condition may possibly provide to possess a different thereto. Additionally, blind adherence on nationality principle have to be disallowed whether or not it would trigger unjust discrimination and you can oppression to particular categories men and women whoever liberties is just as protected by law. The brand new process of law feel the duty in order to enforce the new statutes regarding separation and divorce given that authored by our elected representatives only if he is constitutional.