Part dos out of Blog post twenty six speaks of “a breakup x x x validly gotten overseas of the alien spouse capacitating your ex lover in order to remarry. ” Based on a very clear and you can basic studying of the provision, they only requires that truth be told there become a divorce validly acquired overseas. New Court is bound because of the conditions of one’s law; neither can we place terms on the mouths of one’s lawmakers. “The legislature try thought to know this is of your words, having used words advisedly, in order to provides expressed their intent through such as for instance terms once the are observed regarding law. Verba legis low est recedendum, or on the conditions off a statute there must be zero departure.”
Incase, in the interests of conflict, the term “obtained” will likely be interpreted to imply that the newest splitting up continuing have to be actually initiated by the alien partner, however, this new Legal cannot follow the letter of your own law whenever to take action do depart regarding correct intention of one’s legislature or create if not produce findings contradictory for the general purpose of work. Rules possess closes to achieve, and you may guidelines are going to be very construed because the never to beat however, to manage particularly comes to an end and purposes. Given that stored in the Group away from Towns of the Phils., mais aussi al. vELEC, ainsi que al.:
Brand new letter of your laws will not demand that the alien companion must be https://lovingwomen.org/fi/el-salvador-naiset/ the person who initiated the fresh new continuing where the divorce case decree is granted
The newest legislative intent is not at all moments correctly shown inside the way in which where ensuing laws was couched. To obviate it aberration, and you may bearing in mind the main your purpose and/or heart of legislation ‘s the laws itself, resort is always to the fresh new laws that the heart of your own rules controls its letter.
In order to reiterate, the intention of Part dos from Blog post twenty six should be to end new absurd situation where the Filipino companion stays hitched into the alien spouse exactly who, after a foreign splitting up decree that’s effective in the nation where it absolutely was rendered, is no longer partnered into the Filipino companion. The latest supply try a corrective level to address an anomaly in which this new Filipino partner is actually associated with the marriage just like the overseas mate is free of charge so you can marry within the laws and regulations from his or her nation. Perhaps the Filipino mate initiated brand new international divorce case proceeding or not, a great decree dissolving the wedding bond and capacitating their or her alien spouse to help you ree impact: the latest Filipino companion tend to effectively getting in the place of a husband or wife. A beneficial Filipino just who started a foreign breakup proceeding is in the exact same set plus “eg condition given that good Filipino who’s in the receiving prevent of an alien initiated proceeding. Ergo, the niche supply cannot create a big change. In both such as for instance, it is extended as a way to spot the residual impression of the overseas divorce or separation decree toward Filipinos whoever relationship links so you’re able to the alien spouses are cut of the procedure of the latter’s federal law.
Hence, applying a verba legis otherwise purely literal interpretation away from a statute get render they worthless and you can cause inconvenience, a ridiculous problem otherwise injustice
Conveniently invoking new nationality principle is actually incorrect. Such principle, located less than Article fifteen of your own Civil Password, isn’t an absolute and you will unbending laws. Indeed, new mere lives away from Section dos of Post twenty-six was an excellent testament the Condition may possibly provide to own an exception thereto. Furthermore, blind adherence to the nationality idea should be disallowed when it manage trigger unjust discrimination and oppression to particular kinds of men and women whoever liberties was equally covered by laws. Brand new courts feel the duty in order to impose the newest laws of splitting up given that written by the legislature only if he or she is constitutional.