Section dos out of Post twenty six talks out of “a divorce or separation x x x validly acquired overseas by alien spouse capacitating him or her so you can remarry. ” According to a clear and you will plain understanding of one’s provision, they simply makes it necessary that here feel a divorce validly gotten overseas. Brand new Courtroom is limited because of the terms and conditions of statute; neither do we put terms and conditions throughout the lips of lawmakers. “The nation’s lawmakers was thought to understand this is of your own terminology, getting used terms advisedly, in order to keeps shown their intent by way of like conditions as are found throughout the law. Verba legis non est recedendum, otherwise from the terms from a law there must be zero departure.”
Incase, in the interests of argument, your word “obtained” might be translated so you can signify the divorce proceeding need to be indeed initiated by the alien companion, still, the latest Legal doesn’t follow the page of your statute when to do this would leave regarding the correct purpose of one’s legislature otherwise create if not yield conclusions contradictory to your general-purpose of the act. Laws and regulations possess comes to an end to achieve, and you will laws and regulations would be thus construed just like the not to ever overcome however, to manage such comes to an end and objectives. Just like the stored within the League out of Urban centers of Phils., mais aussi al. vELEC, et al.:
Brand new letter of your own law doesn’t consult your alien partner ought to be the individual who started the new proceeding wherein the divorce decree are granted
Brand new legislative purpose is not moments truthfully shown when you look at the the manner where resulting legislation was couched. So https://getbride.org/tr/fince-kadinlar/ you can obviate it aberration, and you may bearing in mind the chief the intention or the heart of one’s law ‘s the law alone, hotel would be to this new laws your soul of the law regulation their letter.
So you’re able to reiterate, the goal of Part 2 regarding Article 26 would be to end the newest ridiculous condition where in actuality the Filipino companion stays hitched to your alien mate whom, immediately following a different separation and divorce decree that is effective in the country in which it absolutely was rendered, has stopped being partnered into Filipino partner. New provision is actually a restorative scale to deal with an enthusiastic anomaly in which brand new Filipino partner try linked with the wedding since foreign spouse is free of charge so you’re able to wed according to the laws and regulations from his otherwise their country. If the Filipino spouse started the newest overseas separation and divorce continuing or perhaps not, a good decree dissolving the wedding thread and capacitating his otherwise their alien mate so you can ree results: the Filipino companion commonly efficiently become as opposed to a wife or husband. A Filipino who started a foreign divorce proceedings proceeding is in the same lay as well as in “including circumstances as a great Filipino who is from the getting stop of a keen alien initiated proceeding. Hence, the niche provision should not create a significant difference. Both in including, it’s longer as a means to identify the remaining impression of your own overseas splitting up decree for the Filipinos whoever relationship connections to the alien spouses is actually cut by operation of the latter’s federal laws.
Therefore, applying a good verba legis otherwise strictly exact translation from a statute get bring it worthless and you can bring about hassle, an absurd problem or injustice
Conveniently invoking the fresh new nationality principle is actually erroneous. Such as for example idea, discover around Article 15 of one’s Municipal Password, is not a complete and unbending code. In fact, the latest mere existence out-of Section dos of Post twenty six was an effective testament that County may provide to have an exception thereto. Also, blind adherence to the nationality idea need to be disallowed if it do cause unjust discrimination and you may oppression to certain groups of men and women whoever liberties was similarly protected by rules. The brand new courts have the duty so you’re able to impose the fresh new regulations regarding breakup as the authored by the legislature as long as he or she is constitutional.