Paragraph 2 of Blog post twenty-six talks regarding «a divorce proceedings x x x validly received overseas by alien mate capacitating him/her so you’re able to remarry kissbrides.com resource. » Centered on a clear and you can plain discovering of your supply, it only necessitates that indeed there end up being a breakup validly received overseas. This new Legal is restricted because of the conditions of one’s statute; none do we set words regarding mouths of lawmakers. «Our elected representatives was presumed to know the meaning of the terms and conditions, to own used conditions advisedly, also to features expressed the intent by way of such as for instance words given that are observed in the law. Verba legis non est recedendum, or in the conditions off a statute there needs to be no departure.»
If in case, in the interest of conflict, your term «obtained» can be interpreted so you’re able to imply that this new split up continuing should be in reality initiated because of the alien companion, nevertheless, new Court cannot proceed with the letter of your own statute when to do this carry out depart about correct purpose of your legislature or would otherwise produce conclusions contradictory towards the general-purpose of the work. Legislation has ends to attain, and you will statutes will likely be so construed because not to overcome however, to look at like concludes and you may intentions. While the stored in Category out-of Urban centers of your own Phils., ainsi que al. vELEC, ainsi que al.:
This new letter of your own law cannot demand the alien spouse must be the individual that initiated brand new continuing where splitting up decree was provided
The latest legislative intent is not very minutes accurately reflected inside the the way where in actuality the resulting laws was couched. To help you obviate so it aberration, and you will bearing in mind the main the intention or even the soul of one’s legislation is the rules by itself, resorts is always to the new signal that spirit of your own legislation controls their page.
So you’re able to repeat, the purpose of Section 2 from Article twenty-six should be to avoid the brand new absurd condition where Filipino companion stays hitched on the alien spouse which, immediately following a foreign divorce case decree that is effective in the country where it absolutely was rendered, is no longer partnered with the Filipino lover. Brand new provision was a corrective scale to deal with a keen anomaly in which the brand new Filipino lover was linked with the marriage once the foreign partner is free to marry within the statutes out-of their otherwise their unique nation. If the Filipino lover started the latest international divorce proceedings continuing or perhaps not, a favorable decree dissolving the marriage bond and you may capacitating his otherwise their alien mate in order to ree effects: new Filipino mate tend to effectively end up being in place of a husband or wife. An effective Filipino which started a different divorce continuing is in the exact same put and in «for example situation due to the fact a Filipino who’s in the researching avoid out of an enthusiastic alien started continuing. Thus, the topic provision should not create a big change. In both like, it is expanded as a way to determine the residual perception of the overseas split up decree towards the Filipinos whose relationship links in order to the alien partners is severed because of the procedure of one’s latter’s national law.
Hence, implementing a beneficial verba legis or purely exact interpretation out-of a statute could possibly get promote it worthless and end in hassle, an absurd problem otherwise injustice
Easily invoking the brand new nationality principle was incorrect. Such as for example concept, discover significantly less than Blog post fifteen of Civil Password, isn’t an absolute and you can unbending rule. Indeed, the new simple lifetime out-of Part dos out of Article twenty six is a testament that the County may possibly provide to possess an exclusion thereto. Moreover, blind adherence for the nationality principle need to be disallowed when it would bring about unjust discrimination and oppression to specific classes of men and women whose rights are similarly covered by laws. This new process of law feel the responsibility so you can enforce the regulations away from separation and divorce since authored by the nation’s lawmakers only if they are constitutional.