Paragraph dos away from Article twenty-six speaks from “a divorce case x x x validly gotten abroad because of the alien lover capacitating him/her so you’re able to remarry. ” According to a clear and you will basic understanding of the supply, it simply requires that here be a divorce proceedings validly gotten overseas. The Legal is bound because of the terms of your own statute; neither can we set terms and conditions regarding lips of the lawmakers. “The nation’s lawmakers are presumed to know the meaning of terminology, for utilized terms advisedly, and has actually shown its intent by using instance terms and conditions given that can be found regarding statute. Verba legis non est recedendum, otherwise throughout the terms out of a statute there has to be zero deviation.”
While, for the sake of argument, your term “obtained” would be translated so you can signify the newest divorce or separation proceeding should be indeed initiated of the alien lover, nevertheless, the Courtroom cannot proceed with the page of statute when to achieve this create depart throughout the genuine intention of legislature otherwise carry out if you don’t yield findings contradictory to the general-purpose of your own act. Legislation has actually stops to attain, and you can rules is going to be so construed while the not to ever beat but to handle such as stops and you may aim. Once the stored when you look at the Group off Metropolises of the Phils., et al. vELEC, ainsi que al.:
The newest page of the law will not consult that the alien companion ought to be the one who started the latest continuing wherein the splitting up decree are provided
The new legislative intention is not very minutes truthfully reflected into the the manner in which the resulting laws try couched. In order to obviate that it aberration, and you can considering the chief the purpose and/or soul of legislation ‘s the legislation alone, resorts is to try to new code your spirit of your law controls the letter.
So you can repeat, the goal of Part 2 of Blog post twenty six is to try to prevent brand new ridiculous condition the spot where the Filipino spouse stays married into the alien partner who, once a foreign separation and divorce decree that is effective in the country where it was made, has stopped being hitched for the Filipino spouse. The newest provision is a restorative level to address an enthusiastic anomaly in which the brand new Filipino companion are linked with the wedding due to the fact international mate is free so you’re able to wed in rules regarding their or their unique nation. If the Filipino spouse started the fresh international split up continuing or not, a great decree dissolving the wedding thread and you will capacitating his or her alien spouse to ree result: the fresh new Filipino companion have a tendency to effortlessly getting as opposed to a husband or wife. Good Filipino exactly who initiated a different divorce proceedings proceeding is within the same set and also in “such as situation given that a good Filipino who’s in the getting avoid out-of an enthusiastic alien started continuing. Thus, the subject provision shouldn’t build a distinction. lovingwomen.org sivustot Both in including, it’s longer as a means to determine the rest of the feeling of the international divorce proceedings decree towards the Filipinos whose marital ties to help you the alien spouses try cut of the operation of one’s latter’s federal laws.
For this reason, using an effective verba legis or strictly literal translation of a statute could possibly get provide it meaningless and end up in trouble, a ridiculous problem otherwise injustice
Conveniently invoking brand new nationality principle try erroneous. Such as concept, found around Post fifteen of one’s Civil Password, is not a total and you will unbending laws. In reality, the brand new mere lifetime of Paragraph 2 off Post 26 is actually good testament the Condition may provide to possess a difference thereto. More over, blind adherence towards nationality idea must be disallowed whether it would lead to unfair discrimination and you can oppression to certain groups men and women whoever legal rights is actually similarly included in legislation. This new process of law have the obligation so you’re able to enforce new statutes out of separation as the authored by the legislature on condition that he or she is constitutional.
