It generally does not differentiate whether or not the Filipino lover is the petitioner or perhaps the respondent on international divorce or separation proceeding

Paragraph dos regarding Article twenty-six speaks away from “a separation and divorce x x x validly acquired abroad because of the alien companion capacitating your ex to remarry. ” Considering a clear and you will plain training of the provision, it just necessitates that indeed there getting a divorce validly gotten overseas. The brand new Court is limited because of the terms of the statute; neither do we lay conditions throughout the mouths of your lawmakers. “The nation’s lawmakers are thought to know the definition of one’s terminology, to possess made use of terminology advisedly, and to has shown its intent by the use of eg terms and conditions once the can be found regarding the statute. Verba legis low est recedendum, or throughout the terminology from a law there must be no departure.”

If in case, in the interest of disagreement, that the term “obtained” will be translated in order to mean that brand new divorce or separation continuing have to be in fact initiated by alien spouse, still, the newest Court will not proceed with the page of your own law whenever to do this perform leave on the correct purpose of one’s legislature or manage or even produce conclusions contradictory towards the general purpose of one’s operate. Rules keeps concludes to achieve, and guidelines should be thus construed as not to ever beat but to control such as closes and you will purposes. Just like the stored in the Group out of Metropolitan areas of one’s Phils., et al. vELEC, ainsi que al.:

This new page of one’s rules doesn’t consult the alien lover must be the one who started the fresh new proceeding when the divorce case decree is offered

The latest legislative intent is not very minutes precisely shown for the the way in which the ensuing law was couched. In order to obviate so it aberration, and you will taking into consideration the chief that the intent and/or soul of the legislation ‘s the laws in itself, resort is always to the latest rule that the soul of laws controls its page.

So you’re able to repeat, the purpose of Part 2 out of Blog post twenty six is to try to end the fresh absurd state where the Filipino spouse remains hitched to https://getbride.org/no/ukrainske-kvinner/ the alien partner which, just after a different split up decree that’s good at the nation in which it actually was made, is no longer partnered on Filipino spouse. The latest provision are a restorative level to address an enthusiastic anomaly in which the fresh Filipino lover are tied to the marriage while the international mate is free of charge to help you wed within the legislation from his or her nation. Perhaps the Filipino companion started the new overseas divorce proceedings continuing or not, a great decree dissolving the marriage thread and you will capacitating his otherwise her alien partner so you’re able to ree results: the fresh new Filipino spouse tend to effortlessly end up being instead of a wife or husband. An effective Filipino who initiated a foreign breakup proceeding is within the same put as well as in “eg circumstance while the a great Filipino who is during the researching avoid of a keen alien initiated continuing. Ergo, the niche provision should not create a big change. Both in particularly, it’s prolonged as an easy way to determine the rest of the effect of one’s foreign separation and divorce decree on Filipinos whoever marital ties in order to the alien spouses are cut by the process of one’s latter’s federal laws.

Ergo, implementing an effective verba legis or strictly exact translation out-of a law may bring it worthless and you can cause inconvenience, an absurd state otherwise injustice

Conveniently invoking the latest nationality concept is actually incorrect. Such principle, found below Article fifteen of your own Civil Code, isn’t an outright and you can unbending code. Actually, brand new mere life out-of Paragraph dos away from Blog post twenty-six is an excellent testament that Condition may provide to own a difference thereto. Furthermore, blind adherence to your nationality concept need to be disallowed if it do produce unjust discrimination and you may oppression to certain categories men and women whose legal rights is actually equally covered by legislation. The fresh process of law feel the obligation to help you impose the fresh regulations from splitting up as the authored by our elected representatives only when he could be constitutional.