It generally does not separate perhaps the Filipino companion is the petitioner or the respondent on the foreign divorce or separation continuing

It generally does not separate perhaps the Filipino companion is the petitioner or the respondent on the foreign divorce or separation continuing

Section dos of Blog post twenty six talks off “a breakup x x x validly received abroad from the alien mate capacitating him or her so you can remarry. ” Considering a very clear and you will simple training of your provision, it simply makes it necessary that around be a split up validly acquired overseas. The Judge is limited from the terms of the law; neither will we lay terms on mouths of your own lawmakers. “The legislature is actually thought to understand this is of your terms, getting put words advisedly, and features expressed their intention by the use of such as for example terms and conditions as the can be found about law. Verba legis non est recedendum, or in the conditions of a law there needs to be no deviation.”

And in case, for the sake of conflict, that the phrase “obtained” can be translated to signify the latest divorce continuing should be in reality started from the alien companion, still, the newest Court doesn’t stick to the page of law when to do so perform depart regarding real intention of your own legislature otherwise perform if not produce findings inconsistent towards general purpose of the work. Laws has actually ends up to reach, and you can regulations will likely be so construed due to the fact not to ever overcome however, to undertake particularly comes to an end and you will intentions. Because stored inside the League from Cities of your Phils., et al. vELEC, mais aussi al.:

The fresh new page of one’s rules cannot request your alien partner ought to be the one who initiated the new continuing wherein the splitting up decree try supplied

The fresh legislative purpose is not times correctly reflected when you look at the the way where the resulting law try couched. So you’re able to obviate this aberration, and bearing in mind the main that the purpose or perhaps the spirit of laws ‘s the rules in itself, lodge is always to the new rule your soul of the rules controls their page.

So you can summarize, the goal of Paragraph dos off Blog post twenty-six should be to avoid the new ridiculous condition in which the Filipino mate remains partnered toward alien companion exactly who, after a different divorce or separation decree that is great at the nation in which it had been made, is no longer married for the Filipino spouse. The brand new provision is actually a corrective size to deal with a keen anomaly in which this new Filipino spouse is actually associated with the wedding once the foreign spouse is free of charge in order to wed underneath the regulations off his or their nation. Whether the Filipino partner initiated new international breakup continuing or perhaps not, a great decree dissolving the marriage thread and you may capacitating his or their particular alien lover to help you ree effects: the newest Filipino lover usually efficiently end up being instead of a wife or husband. A great Filipino just who started a different divorce proceedings continuing is in the exact same set plus “such as scenario just like the an effective Filipino that is at getting stop away from an alien initiated continuing. Thus, the niche supply should not build a big change. In both such, it is stretched as a way to spot the remaining impression of your foreign divorce proceedings decree towards the Filipinos whose relationship ties so you’re able to its alien partners are cut because of the operation of one’s latter’s federal law.

Therefore, applying good verba legis otherwise purely literal translation out of a statute may bring they meaningless and you can cause trouble, an absurd problem or injustice

Easily invoking the fresh nationality concept try erroneous. Instance idea, found under Post fifteen of Municipal Password, is not an outright and you will unbending rule. In fact, the newest simple life out-of Paragraph 2 off Post twenty-six is actually an excellent testament the Condition may provide to have an exception to this rule thereto. Additionally, blind adherence on nationality concept must be disallowed whether it do lead to unfair discrimination and oppression to specific categories of men and women whose legal rights is actually just as protected by laws. The fresh courts feel the obligation to help you demand new rules regarding divorce case as the authored by our elected representatives only if he or she is constitutional.

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