It will not distinguish if the Filipino mate is the petitioner or even the respondent throughout the overseas splitting up proceeding
Part dos off Blog post twenty six speaks of “a splitting up x x x validly received abroad by alien partner capacitating your partner to help you remarry. ” Predicated on a clear and you will ordinary learning of one’s supply, they simply requires that indeed there become a divorce proceedings validly gotten overseas. The brand new Court is limited by the terminology of one’s law; none can we place conditions on the lips of lawmakers. “The nation’s lawmakers was presumed understand this is of your own conditions, getting put terminology advisedly, and have indicated their purpose through instance terms and conditions once the are located throughout the statute. Verba legis non est recedendum, otherwise throughout the terms out of a statute there should be no departure.”
And when, in the interests of argument, your phrase “obtained” are translated to help you indicate that the brand new separation and divorce proceeding must be actually initiated of the alien spouse, however, the fresh new Court will not follow the letter of your law when to accomplish this would leave on true intent of your own legislature or manage or even give results contradictory toward general-purpose of one’s act. Laws and regulations enjoys stops to get to, and you will regulations will likely be very construed given that not to beat but to look at particularly concludes and you can purposes. Once the held from inside the League out-of Metropolises of the Phils., et al. vELEC, ainsi que al.:
The letter of rules will not request that the alien lover should be the individual that started this new proceeding when the divorce or separation decree was provided
The brand new legislative purpose is not times truthfully mirrored inside the the way in which where in actuality the ensuing rules is couched. So you can obviate which aberration, and you will considering the main that intention or perhaps the soul of the law is the laws by itself, hotel is always to the fresh rule the soul of one’s rules controls the page.
To summarize, the goal of Section 2 out-of Post twenty-six is to try to stop brand new absurd disease where in actuality the Filipino lover remains married on the alien companion just who, shortly after a different divorce or separation decree which is effective in the country where it absolutely was rendered, no longer is hitched toward Filipino companion. Brand new provision are a restorative scale to deal with an enthusiastic anomaly in which brand new Filipino partner is actually tied to the marriage since the foreign mate is free so you can get married underneath the legislation out-of their or their own nation. Whether the Filipino lover started the fresh new foreign breakup proceeding or not, a favorable decree dissolving the wedding thread and you may capacitating their otherwise their unique alien mate so you’re able to ree effects: the newest Filipino mate tend to efficiently feel in the place of a loved one. Good Filipino whom started a foreign splitting up proceeding is in the exact same place plus “such as for example situation because an effective Filipino that is at the searching end off an enthusiastic alien started proceeding. For this reason, the topic supply should not create a difference. In instance, it is offered as a means to understand the residual impression of the overseas split up decree towards the Filipinos whoever relationship ties to its alien partners try cut because of the process of one’s latter’s national legislation.
Thus, implementing a verba legis or strictly exact interpretation from a statute can get promote they worthless and you may produce trouble, an absurd situation or injustice
Conveniently invoking the latest nationality idea is incorrect. Particularly principle, located not as much as Article fifteen of your Civil Code, isn’t an absolute and unbending laws. Indeed, the fresh mere lifetime regarding Section 2 away from Article twenty six is good testament the Condition might provide to have a difference thereto. More over, blind adherence into nationality idea have to be disallowed in the event it would sexy Genoa girl end in unfair discrimination and you may oppression to particular categories men and women whoever legal rights is actually just as included in law. The new process of law have the obligations to enforce the fresh new statutes out of splitting up once the written by our elected representatives on condition that he’s constitutional.
