Section 2 of Article twenty six speaks out-of “a separation x x x validly gotten abroad by the alien spouse capacitating him or her to help you remarry. ” Considering an obvious and you will plain discovering of provision, it simply necessitates that indeed there be a divorce validly acquired overseas. The fresh new Courtroom is restricted from the words of one’s law; neither will we lay words about lips of your lawmakers. “The legislature was believed to understand the definition of conditions, for made use of terms and conditions advisedly, in order to have shown its intent by the use of such conditions since the are found about law. Verba legis low est recedendum, otherwise about words regarding a statute there needs to be no departure.”
Of course, if, with regard to conflict, your term “obtained” are going to be translated so you’re able to indicate that the brand new split up continuing have to be indeed started because of the alien mate, however, the fresh new Court cannot stick to the letter of your law when to do so create leave on the true purpose of the legislature otherwise would if you don’t give findings contradictory towards general purpose of the work. Laws keeps closes to reach, and you can laws will be thus construed as the to not beat however, to take care of such closes and you will aim. Because stored in the Group out of Places of your Phils., ainsi que al. vELEC, ainsi que al.:
Brand new page of your own rules cannot consult the alien partner should be the individual who initiated the brand new continuing where the divorce case decree is offered
The new legislative purpose is not times truthfully shown in the manner where the ensuing legislation are couched. So you can obviate that it aberration, and you can taking into consideration the main that the purpose or even the soul of the legislation is the legislation itself, resorts would be to the brand new rule that the soul of your own law regulation the page.
So you can reiterate, the objective of Paragraph dos regarding Blog post twenty six is to stop the brand new ridiculous disease in which the Filipino partner stays partnered into alien mate who, once a foreign splitting up decree Waterford girls for marriage that is great at the nation in which it absolutely was rendered, is no longer married towards Filipino spouse. The latest provision is a restorative measure to handle an enthusiastic anomaly where new Filipino lover are linked with the marriage while the foreign partner is free of charge so you’re able to marry according to the regulations out of their or her country. If the Filipino spouse initiated the foreign split up continuing or perhaps not, a good decree dissolving the marriage thread and you can capacitating their otherwise their unique alien lover so you’re able to ree influence: the fresh Filipino mate commonly effortlessly end up being instead a wife or husband. An excellent Filipino which started a different divorce proceedings continuing is within the exact same set along with “like circumstance just like the an effective Filipino who’s at the searching prevent away from a keen alien started proceeding. Thus, the subject supply shouldn’t generate a big change. In instance, it’s offered as an easy way to understand the rest of the effect of your foreign splitting up decree to your Filipinos whose relationship connections to their alien partners was cut of the procedure of latter’s federal laws.
Therefore, using a beneficial verba legis or strictly literal translation out of a statute could possibly get render it meaningless and cause hassle, an absurd disease otherwise injustice
Easily invoking the new nationality idea is actually incorrect. Such as concept, discovered lower than Blog post fifteen of one’s Municipal Password, isn’t a total and you can unbending laws. In fact, this new mere lifestyle away from Part dos of Post twenty six is good testament that State may possibly provide to have a different thereto. More over, blind adherence into the nationality principle must be disallowed whether it do cause unfair discrimination and you can oppression to certain categories of individuals whoever legal rights is actually equally covered by rules. The brand new process of law feel the obligations so you can impose the newest guidelines away from divorce case due to the fact compiled by the nation’s lawmakers as long as they are constitutional.