Section dos from Post twenty six speaks off “a divorce or separation x x x validly acquired abroad by the alien spouse capacitating your ex partner in order to remarry. ” Centered on an obvious and you may basic understanding of the provision, it just makes it necessary that around be a separation and divorce validly obtained overseas. The fresh new Courtroom is restricted from the words of your statute; neither can we lay terms and conditions from the mouths of your lawmakers. “The legislature try assumed understand the meaning of your terminology, to have put terms and conditions advisedly, also to features expressed its intent by the use of such as terms since are observed from the statute. Verba legis low est recedendum, otherwise regarding terminology away from a law there should be zero deviation.”
Just in case, for the sake of conflict, the phrase “obtained” would be interpreted so you’re able to mean that the new separation and divorce continuing have to be in fact started of the alien lover, nonetheless, the Court will not proceed with the letter of your own law whenever to do this perform leave regarding true purpose of one’s legislature or create if not give conclusions contradictory to your general-purpose of one’s work. Statutes has comes to an end to reach, and you may regulations are therefore construed just like the not to ever defeat however, to deal with eg concludes and motives. Since kept in the Category out of Towns and cities of one’s Phils., et al. vELEC, mais aussi al.:
The letter of your laws will not request the alien spouse ought to be the individual that initiated new continuing wherein the divorce decree is actually offered
New legislative intention is not at all minutes accurately mirrored in the the way where in actuality the ensuing law is couched. So you’re able https://getbride.org/tr/portekizli-kadinlar/ to obviate it aberration, and you can bearing in mind the chief that purpose or even the soul of one’s legislation is the law alone, resorts will be to new laws the soul of your laws controls their letter.
In order to summarize, the objective of Paragraph dos regarding Article twenty six would be to avoid the fresh new absurd disease the spot where the Filipino partner remains partnered for the alien companion whom, once a different divorce or separation decree that’s proficient at the country in which it had been rendered, no longer is married on the Filipino companion. New provision was a restorative scale to deal with an enthusiastic anomaly in which the latest Filipino partner is associated with the marriage just like the foreign spouse is free to wed beneath the laws and regulations of his or their particular nation. Perhaps the Filipino lover initiated brand new foreign divorce or separation proceeding or otherwise not, a favorable decree dissolving the wedding thread and you may capacitating their otherwise their alien companion so you’re able to ree influence: the latest Filipino mate usually effortlessly become instead of a loved one. Good Filipino whom started a foreign separation and divorce proceeding is within the exact same put plus in “particularly circumstances as a good Filipino who’s in the choosing avoid out-of a keen alien started continuing. Hence, the topic supply ought not to generate a big difference. Both in including, it is lengthened as an easy way to identify the residual feeling of the foreign splitting up decree on the Filipinos whose relationship connections in order to their alien partners is actually severed by the procedure of your latter’s federal rules.
Ergo, applying a good verba legis or strictly exact interpretation away from a statute can get give they meaningless and end in trouble, a ridiculous problem or injustice
Easily invoking new nationality idea is erroneous. Like idea, located under Post 15 of one’s Civil Code, is not an absolute and unbending signal. In fact, brand new mere lifetime regarding Paragraph 2 away from Blog post twenty six is good testament your County may provide having a different thereto. More over, blind adherence to the nationality principle should be disallowed whether or not it manage produce unfair discrimination and you can oppression to specific kinds men and women whose legal rights was just as covered by law. The process of law feel the obligations in order to enforce the rules off separation as compiled by the legislature as long as he could be constitutional.
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