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. Continue reading