Section 2 away from Post 26 talks out-of «a divorce x x x validly obtained abroad by alien spouse capacitating your ex lover to help you remarry. » Based on a definite and you will basic learning of your own supply, they only necessitates that around feel a breakup validly obtained overseas. The brand new Judge is restricted of the words of your own statute; none do we put words throughout the lips of one’s lawmakers. «Our elected representatives are believed to know the definition of your words, to possess put terminology advisedly, in order to features conveyed its intent through particularly words just like the are found about law. Verba legis low est recedendum, or in the terms and conditions out-of a statute there has to be no deviation.»
Of course, if, in the interests of argument, that term «obtained» will be translated to indicate that the latest divorce case continuing should be in reality started by the alien partner, nonetheless, the Judge does not proceed with the letter of one’s law whenever to take action would depart in the correct intent of the legislature or would or even yield results inconsistent to your general-purpose of operate. Rules provides ends up to reach, and you will laws and regulations is thus construed given that to not defeat but to look at particularly closes and you can intentions. Due to the fact held when you look at the Group off Locations of one’s Phils., ainsi que al. vELEC, ainsi que al.:
The latest page of your own legislation will not consult that the alien partner must be the person who started this new proceeding wherein the divorce or separation decree try offered
New legislative intention is not moments truthfully mirrored inside the the way where in actuality the ensuing law is actually couched. So you’re able to obviate which aberration, and you may taking into consideration the main that intention or the heart of rules ‘s the laws itself, hotel is always to the fresh new rule that the heart of one’s rules controls its letter.
So you’re able to summarize, the reason for Section dos regarding Blog post twenty six will be to prevent the fresh new ridiculous situation the spot where the Filipino lover remains married toward alien lover whom, immediately after a foreign divorce decree which is effective in the world where it actually was made, no longer is married towards the Filipino spouse. The provision is a corrective size to address a keen anomaly in which the brand new Filipino partner was associated with the wedding once the overseas partner is free of charge so you can wed in laws from their otherwise their nation. Whether the Filipino companion started the latest overseas divorce or separation continuing or perhaps not, a good decree dissolving the wedding bond and capacitating their or their unique alien companion so you can ree results: the brand new Filipino spouse usually effortlessly end up being without a loved one. A beneficial Filipino just who initiated a https://getbride.org/tr/makedon-kadinlari/ foreign divorce case continuing is in the exact same lay as well as in «particularly circumstances due to the fact an excellent Filipino who is at the receiving end off a keen alien started proceeding. Thus, the niche provision should not build a big difference. In for example, it’s extended as a way to understand the rest of the impression of one’s international splitting up decree with the Filipinos whoever marital connections to its alien partners is actually cut of the operation of latter’s national rules.
For this reason, applying a verba legis or strictly exact interpretation off a law can get promote it meaningless and you may result in trouble, a ridiculous problem otherwise injustice
Easily invoking the new nationality concept are incorrect. Such idea, discovered around Post fifteen of one’s Civil Code, isn’t a complete and you will unbending signal. In fact, the brand new simple lifetime out-of Part dos off Post twenty-six is an excellent testament that the Condition may provide having an exception thereto. Additionally, blind adherence to your nationality concept have to be disallowed in the event it create result in unjust discrimination and you will oppression to specific classes of individuals whose rights is actually similarly covered by law. The latest courts feel the responsibility to help you enforce the newest statutes out-of divorce proceedings because written by our elected representatives as long as he or she is constitutional.
