It will not identify perhaps the Filipino spouse ‘s the petitioner or the respondent from the foreign divorce proceedings proceeding

Part 2 away from Blog post twenty six speaks off „a divorce case x x x validly obtained abroad from the alien partner capacitating your partner to help you remarry. ” Centered on a very clear and you can basic learning of your supply, they merely necessitates that here become a separation and divorce validly obtained abroad. The Court is limited of the terminology of your own law; neither will we place terminology from the lips of the lawmakers. „The legislature are thought to understand the meaning of the terms, getting made use of terms advisedly, and also to possess expressed its intention by the use of instance terms due to the fact can be found regarding the statute. Verba internationalwomen.net onlarД±n aГ§Д±klamasД± legis non est recedendum, or throughout the terminology regarding a statute there should be zero departure.”

While, in the interests of dispute, that keyword „obtained” will likely be interpreted so you’re able to imply that the new separation proceeding must be indeed initiated by alien companion, nonetheless, the newest Court will not proceed with the letter of your statute whenever to do so create leave throughout the genuine purpose of your own legislature otherwise manage if you don’t yield conclusions contradictory to the general purpose of your act. Regulations enjoys ends up to get to, and you may guidelines will be so construed given that to not overcome but to handle including ends up and you will aim. Once the held during the Category from Urban centers of your own Phils., mais aussi al. vELEC, et al.:

The newest page of rules doesn’t demand the alien mate must be the individual that initiated new continuing wherein the divorce proceedings decree try granted

The new legislative intention is not at all times correctly reflected inside the the way in which where the ensuing rules try couched. To obviate that it aberration, and you will considering the main that purpose or even the soul of your legislation ‘s the legislation by itself, resort would be to the latest signal that the spirit of your legislation regulation the letter.

In order to summarize, the goal of Section 2 from Post twenty-six would be to avoid the latest absurd state where the Filipino partner stays married towards the alien lover just who, immediately following a different divorce decree which is good at the nation in which it had been made, has stopped being married with the Filipino spouse. Brand new supply was a corrective level to address an anomaly where the fresh new Filipino spouse are linked with the wedding because the international partner is free of charge so you’re able to get married within the regulations of their otherwise her country. Perhaps the Filipino companion started brand new international divorce or separation continuing or otherwise not, a good decree dissolving the wedding thread and you can capacitating his otherwise their alien spouse to help you ree effects: the fresh Filipino partner will effortlessly end up being as opposed to a loved one. Good Filipino which initiated a different breakup proceeding is in the same put as well as in „like condition since good Filipino who is within receiving avoid from an alien started proceeding. Thus, the topic provision should not create an improvement. In like, it is extended as a means to identify the rest of the perception of overseas divorce decree on Filipinos whoever marital ties in order to their alien partners was cut by the operation of one’s latter’s federal law.

Thus, applying a great verba legis or purely exact translation from a law could possibly get promote it meaningless and trigger hassle, a ridiculous disease otherwise injustice

Easily invoking the fresh new nationality idea try erroneous. Such as for example idea, receive lower than Post 15 of one’s Civil Code, is not an absolute and unbending rule. Indeed, the brand new mere lifestyle off Part 2 out of Post twenty six is a testament that the County might provide to own an exemption thereto. Additionally, blind adherence towards nationality concept should be disallowed whether it carry out result in unfair discrimination and you can oppression to specific categories of men and women whoever legal rights are similarly protected by legislation. New process of law have the obligations so you’re able to demand the newest rules regarding breakup due to the fact authored by our elected representatives only if he could be constitutional.