It doesn’t differentiate if the Filipino companion ‘s the petitioner or perhaps the respondent about foreign separation and divorce continuing

Section 2 out of Blog post twenty six talks from “a divorce proceedings x x x validly received overseas from the alien lover capacitating him or her so you can remarry. ” Considering an obvious and plain discovering of supply, it only necessitates that here become a divorce case validly gotten abroad. The latest Judge is limited from the conditions of the law; neither do we place words regarding lips of one’s lawmakers. “Our elected representatives is thought knowing the meaning of your words, to have made use of conditions advisedly, also to keeps expressed its purpose by the use of particularly words given that are located regarding the statute. Verba legis non est recedendum, or throughout the conditions off a statute there needs to be no departure.”

And in case, with regard to dispute, that phrase “obtained” is going to be translated to imply that this new breakup continuing have to be in fact started from the alien mate, nonetheless, brand new Court does not proceed with the letter of law whenever to achieve this do leave regarding correct intent of one’s legislature or perform or even yield results inconsistent towards the general-purpose of work. Guidelines has comes to an end to attain, and you will laws will likely be thus construed given that to not ever beat however, to deal with including closes and motives. Since the stored for the Group regarding Cities of the Phils., et al. vELEC, ainsi que al.:

The fresh letter of one’s legislation cannot demand that the alien spouse should be the one who initiated the brand new continuing where divorce case decree are offered

The fresh new legislative intention is not at all minutes truthfully mirrored inside the way in which the spot where the resulting legislation was couched. So you can obviate this aberration, and considering the chief that intention and/or heart of laws is the law in itself, resort should be to the fresh rule your spirit of your rules regulation their letter.

To repeat, the goal of Part 2 away from Post twenty-six is always to end brand new ridiculous problem where Filipino partner remains married into alien companion who, immediately after a different separation decree that is effective in the country where it had been rendered, no longer is hitched to your Filipino spouse. The fresh new provision is actually a restorative size to handle an enthusiastic anomaly in which brand new Filipino mate are associated with the wedding as foreign companion is free of charge so you can wed under the regulations regarding their otherwise their unique country. Whether the Filipino spouse started the latest overseas separation continuing or not, a favorable decree dissolving the wedding bond and you may capacitating his otherwise their alien spouse to help you ree result: the new Filipino partner have a tendency to effortlessly feel without a husband or wife. Good Filipino which initiated a different divorce case proceeding is within the same put plus in “including situation since the a beneficial Filipino that is within getting end regarding an alien initiated continuing. Hence, the niche provision shouldn’t build a change. In instance, it’s lengthened as an easy way to identify the remaining impression of one’s foreign divorce proceedings decree for the Filipinos whose marital ties so you’re able to the alien spouses is cut by the operation of one’s latter’s federal law.

Hence, applying a good verba legis otherwise strictly exact translation away from a statute get bring they worthless and you can lead to hassle, an absurd situation or injustice

Easily invoking this new nationality concept is actually erroneous. Such principle, discovered lower than Post 15 of the Civil Code, isn’t a total and you can unbending code. Indeed, brand new mere life regarding Part 2 away from Post twenty-six is a beneficial testament https://internationalwomen.net/tr/sicak-asyali-kadinlar/ that the State may possibly provide for a different thereto. Furthermore, blind adherence with the nationality idea have to be disallowed when it do lead to unfair discrimination and you will oppression to specific categories men and women whoever legal rights try just as included in legislation. This new process of law have the obligations in order to enforce the brand new statutes of divorce proceedings since the authored by our elected representatives on condition that they are constitutional.