Part 2 from Article twenty-six speaks of «a separation x x x validly acquired overseas because of the alien mate capacitating your ex to remarry. » According to an obvious and you may ordinary reading of the provision, they only necessitates that there become a divorce validly received abroad. The new Court is bound by conditions of statute; none will we place words from the lips of your own lawmakers. «The nation’s lawmakers is presumed understand the definition of your terms, to own used conditions advisedly, and also to has actually shown their purpose by way of including terms due to the fact are located on law. Verba legis non est recedendum, or regarding words regarding a statute there must be no deviation.»
And when, in the interests of dispute, that the term «obtained» shall be translated in order to indicate that the newest divorce proceedings continuing must be actually initiated by the alien lover, nevertheless, the Courtroom does not proceed with the letter of your statute whenever to accomplish this do leave from the correct purpose of legislature otherwise do if not produce results inconsistent for the general-purpose of one’s operate. Laws and regulations provides ends up to reach, and you may laws is going to be thus sexy jente UK construed because the to not overcome but to take care of instance ends up and purposes. As stored when you look at the Category from Cities of Phils., mais aussi al. vELEC, mais aussi al.:
The fresh letter of one’s laws will not consult your alien partner should be the one who initiated the fresh new proceeding in which the divorce or separation decree try granted
The brand new legislative intent is not minutes correctly mirrored into the the manner where ensuing legislation is actually couched. So you’re able to obviate that it aberration, and you can considering the chief your intention and/or soul of the law is the legislation alone, hotel will be to the fresh new rule that soul of your legislation controls the letter.
In order to summarize, the goal of Section 2 from Blog post 26 will be to stop brand new ridiculous disease where the Filipino partner remains partnered into alien mate exactly who, shortly after a foreign splitting up decree which is good at the country in which it had been rendered, is no longer hitched for the Filipino spouse. The latest provision is a corrective scale to address a keen anomaly where the brand new Filipino mate try tied to the marriage as international companion is free of charge so you can wed underneath the guidelines of his otherwise her nation. If the Filipino spouse initiated the fresh international divorce case continuing or perhaps not, a favorable decree dissolving the marriage thread and you can capacitating their or their own alien mate to help you ree result: the latest Filipino mate usually effortlessly end up being in the place of a husband or wife. A good Filipino which started a different divorce proceeding is in the exact same put plus in «such as for example circumstance just like the a good Filipino that is in the researching end out-of a keen alien started proceeding. Therefore, the niche provision must not generate an improvement. In such, it’s offered as a means to determine the residual perception of your foreign split up decree towards Filipinos whose marital connections to help you their alien partners are cut by procedure of your own latter’s national legislation.
For this reason, implementing good verba legis or strictly literal translation of a law can get render they worthless and you may end up in trouble, an absurd state or injustice
Conveniently invoking the fresh new nationality principle try incorrect. Such as for example principle, receive under Blog post fifteen of one’s Municipal Code, is not a total and unbending laws. Indeed, brand new simple life out of Paragraph 2 out of Blog post twenty-six is good testament that the State might provide to have an exclusion thereto. Moreover, blind adherence with the nationality concept have to be disallowed when it would produce unjust discrimination and you may oppression to certain classes of men and women whoever rights was equally protected by law. The newest process of law feel the duty so you’re able to enforce brand new statutes away from divorce proceedings due to the fact authored by the legislature only if he’s constitutional.