Section 2 of Blog post 26 speaks of “a divorce or separation x x x validly gotten abroad by the alien lover capacitating your partner to remarry. ” Based on a definite and you may ordinary understanding of one’s supply, it just requires that here be a divorce proceedings validly received overseas. The latest Judge is restricted from the terms and conditions of statute; neither do we lay words regarding mouths of your own lawmakers. “The legislature is presumed to know the definition of the terminology, for put terminology advisedly, and has actually indicated the purpose by the use of like terminology due to the fact are observed on statute. Verba legis low est recedendum, otherwise regarding words from a law there has to be zero departure.”
Of course, with regard to conflict, that word “obtained” would be translated to imply that the new separation and divorce continuing should be indeed initiated from the alien spouse, still, brand new Legal will not proceed with the page of your statute when to do so manage leave from the correct intention of one’s legislature or would otherwise yield findings inconsistent into the general-purpose of one’s act. Guidelines have concludes to get to, and regulations would be thus construed just like the never to overcome but to undertake instance closes and you may objectives. As kept in Group from Metropolitan areas of the Phils., mais aussi al. vELEC, ainsi que al.:
The fresh letter of one’s rules will not request the alien mate must be the individual that initiated the latest proceeding in which the separation decree try granted
The fresh legislative intent is not very moments accurately mirrored for the the way in which the spot where the resulting rules is actually couched. To help you obviate that it aberration, and you can considering the chief that the purpose and/or soul of rules ‘s the law alone, resort would be to the brand new signal that the spirit of one’s legislation controls its page.
In order to reiterate, the intention of Section dos regarding Blog post 26 is to end new ridiculous condition where the Filipino lover remains partnered into alien spouse just who, once a different separation and divorce decree that is proficient at the country where it was made, no longer is married to the Filipino lover. The supply was a corrective level to address a keen anomaly in which new Filipino lover is actually linked with the wedding as the international spouse is free to help you get married within the rules out of their otherwise their particular country. If the Filipino mate started the foreign divorce continuing or not, a favorable decree dissolving the marriage thread and capacitating their otherwise their particular alien lover so you’re able to ree results: brand new Filipino mate usually effectively feel in the place of a husband or wife. A Filipino which initiated a foreign separation continuing is within the same place and also in “particularly circumstance just like the good Filipino who is at the researching prevent regarding a keen alien initiated proceeding. Hence, the topic supply shouldn’t build a difference. In such as for example, it is stretched as an easy way to recognize the rest of the feeling of one’s overseas breakup decree into Filipinos whose marital ties in order to the alien spouses was severed by procedure of the latter’s national laws.
For this reason, implementing a good verba legis otherwise strictly exact interpretation out of a law get promote they worthless and trigger hassle, an absurd problem otherwise injustice
Conveniently invoking the brand new nationality principle is erroneous. For example concept, discovered under Article 15 of your Civil Password, is not an absolute and you will unbending rule. Indeed, the brand new mere lives off Paragraph 2 of Blog post twenty six is actually a testament the County may possibly provide to own a different thereto. More over Г‡ekГ§e kadД±n Г§Д±kД±yor, blind adherence toward nationality idea should be disallowed when it create end up in unfair discrimination and you may oppression to particular classes men and women whoever liberties are equally covered by law. This new process of law feel the duty so you’re able to impose new legislation of divorce proceedings just like the written by the legislature only when he or she is constitutional.