It does not distinguish perhaps the Filipino companion is the petitioner or even the respondent about international split up proceeding
Paragraph 2 from Blog post twenty six speaks out-of « a split up x x x validly gotten abroad because of the alien lover capacitating your ex lover so you’re able to remarry. » According to a clear and you may plain training of your provision, they just requires that truth be told there getting a splitting up validly acquired overseas. Brand new Court is limited from the terms and conditions of the statute; neither can we place words on the mouths of your own lawmakers. « The legislature is actually thought to know this is of one’s terms and conditions, having put terms and conditions advisedly, and to has actually shown their intention through particularly words since the are found regarding the law. Verba legis non est recedendum, or regarding words regarding a statute there needs to be no deviation. »
And if, in the interests of disagreement, the keyword « obtained » shall be translated so you can imply that the new separation and divorce proceeding must be indeed started by alien partner, still, the fresh Court cannot proceed with the letter of one’s law when to achieve this manage leave regarding the correct intention of the legislature or would if not produce conclusions inconsistent on general purpose of your operate. Laws and regulations provides concludes to get to, and rules can be very construed once the never to beat but to manage instance comes to an end and motives. Due to the fact held during the Group out of Urban centers of your own Phils., et al. vELEC, mais aussi al.:
This new page of your laws will not request your alien lover must be the person who started the latest proceeding where divorce decree are granted
The newest legislative intent is not times correctly shown in the the way in which the resulting rules was couched. So you can obviate which aberration, and bearing in mind the chief that the intention and/or soul of your law is the legislation itself, hotel is to try to the new rule that the heart of one’s law control their letter.
So you’re able to reiterate, the objective of Paragraph dos from Post twenty six would be to avoid the latest ridiculous disease where in actuality the Filipino lover stays married on alien spouse who, shortly after a foreign divorce case decree that’s good at the country in which it actually was rendered, has stopped being married towards Filipino spouse. The newest provision was a corrective size to handle an anomaly where new Filipino spouse is linked with the marriage because the overseas spouse is free to marry according to the rules off their or their unique nation. Whether or not the Filipino companion initiated the international divorce case proceeding or perhaps not, a good decree dissolving the wedding bond and you may capacitating his or their own alien lover so you can ree results: this new Filipino companion usually effectively be in place of a loved one. An excellent Filipino which started a different divorce or separation continuing is within the exact same set and in « including circumstance just like the an effective Filipino who’s at finding avoid away from an enthusiastic alien started continuing. Hence, the topic supply ought not to generate a distinction. Both in like, it’s lengthened as a means to determine the remaining perception of the foreign splitting up decree into Filipinos whose marital connections so you can its alien spouses is actually severed because of the process of one’s latter’s national rules.
Hence, using a verba legis otherwise purely literal translation out-of a law will get offer they meaningless and you will end up in trouble, a ridiculous condition or injustice
Easily invoking new nationality principle try erroneous. Such as concept, discovered lower than Article 15 of the Civil Password, is not a total and you may unbending rule. Actually, the latest simple lives off В«linkВ» Section 2 out of Post twenty six are an excellent testament the County may possibly provide for an exclusion thereto. More over, blind adherence towards the nationality idea need to be disallowed if this manage trigger unjust discrimination and you will oppression to particular classes of individuals whose rights are similarly protected by law. The latest courts have the responsibility in order to demand the brand new statutes of splitting up once the written by the legislature as long as they are constitutional.