Paragraph dos regarding Article twenty six speaks out of “a divorce x x x validly received abroad of the alien spouse capacitating him or her to help you remarry. ” Based on a clear and you may basic understanding of your own provision, it simply requires that there be a split up validly received abroad. This new Judge is restricted of the conditions of your statute; none can we place terms on mouths of one’s lawmakers. “The legislature try presumed to know the definition of your own conditions, for used terminology advisedly, and also to have expressed the purpose through eg terms since the can be found in the law. Verba legis low est recedendum, or on conditions out-of a statute there should be no departure.”
And if, in the interests of disagreement, that the term “obtained” are going to be interpreted so you’re able to mean that the divorce proceedings proceeding have to be indeed initiated by the alien spouse, still, this new Judge does not stick to the page of one’s statute when to do so create leave regarding true purpose of your legislature or create or even yield results contradictory toward general-purpose of your act. Guidelines possess comes to an end to get to, and rules might be very construed because the to not ever beat however, to address such concludes and you may motives. Because held inside the Category regarding Towns and cities of one’s Phils., et al. vELEC, et al.:
The latest page of legislation cannot consult your alien spouse must be the individual that started the brand new proceeding wherein the breakup decree is granted
This new legislative intention is not at all minutes precisely Saitama sexy women shown from inside the the manner in which the resulting laws try couched. So you can obviate this aberration, and you will bearing in mind the principle that the purpose and/or spirit of your legislation ‘s the legislation in itself, hotel will be to the fresh new signal that the spirit of the laws control their page.
To reiterate, the objective of Paragraph 2 of Blog post twenty six will be to prevent this new absurd situation where Filipino companion remains married for the alien mate whom, immediately following a different divorce decree that is good at the world where it actually was rendered, is no longer married into Filipino lover. New provision was a restorative size to handle an enthusiastic anomaly in which the brand new Filipino companion is actually associated with the wedding once the overseas companion is free of charge to get married within the laws out of their or her nation. Whether the Filipino companion started the brand new international divorce case continuing or perhaps not, a great decree dissolving the wedding bond and you may capacitating their or their alien lover in order to ree results: the Filipino partner will effortlessly end up being instead a wife or husband. An effective Filipino just who initiated a different divorce or separation proceeding is within the exact same set and also in “such as circumstances once the a beneficial Filipino who’s during the acquiring stop off an alien initiated continuing. Therefore, the topic provision shouldn’t build a change. Both in such as, it’s prolonged as a means to identify the rest of the impression of your own overseas split up decree into Filipinos whose marital links in order to its alien spouses are severed because of the procedure of the latter’s national rules.
For this reason, implementing a great verba legis or purely exact translation off a statute may bring they worthless and you will end up in inconvenience, a ridiculous problem otherwise injustice
Conveniently invoking the new nationality idea is actually incorrect. Instance principle, found below Blog post 15 of your Municipal Password, is not a total and you will unbending rule. In reality, brand new mere lives out of Part dos out of Post 26 was a beneficial testament that the County may possibly provide getting an exception to this rule thereto. Also, blind adherence on nationality concept must be disallowed if this manage trigger unjust discrimination and oppression to certain kinds of people whose rights try similarly included in rules. New courts feel the obligations so you’re able to impose new regulations out-of separation and divorce as published by our elected representatives only if he or she is constitutional.