It generally does not distinguish perhaps the Filipino lover ‘s the petitioner or the respondent regarding overseas divorce continuing

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It generally does not distinguish perhaps the Filipino lover ‘s the petitioner or the respondent regarding overseas divorce continuing

Paragraph 2 out-of Post 26 speaks from “a separation and divorce x x x validly acquired overseas because of the alien mate capacitating your ex lover so you’re able to remarry. ” Centered on an obvious and you may ordinary training of one’s provision, it merely necessitates that here getting a separation validly obtained overseas. Brand new Judge is bound because of the terms and conditions of your own law; neither do we put terms regarding lips of the lawmakers. “Our elected representatives was assumed knowing this is of one’s conditions, to own made use of terms advisedly, and features shown its purpose by way of such as for instance conditions as the can be found regarding statute. Verba legis non est recedendum, or regarding terms out-of a statute there has to be zero deviation.”

Of course, in the interest of disagreement, the term “obtained” might be translated so you’re able to indicate that the newest breakup proceeding should be indeed started of the alien companion, nevertheless, this new Judge will not stick to the letter of law whenever to accomplish this create leave from the true intent of legislature otherwise do otherwise produce conclusions contradictory to your general purpose of the act. Legislation provides closes to attain, and laws is going to be therefore construed since the not to ever beat but to manage like ends up and you may purposes. Due to the fact kept in the Category out of Towns of your Phils., et al. vELEC, mais aussi al.:

The page of your own laws doesn’t demand that the alien partner must be the individual that started the continuing where the divorce or separation decree was granted

This new legislative intention is not very minutes accurately mirrored within the the way in which where in actuality the ensuing legislation was couched. To obviate this aberration, and you can considering the chief that the intent or perhaps the heart of one’s legislation is the law alone, hotel would be to the brand new rule your heart of your own legislation regulation their letter.

So you’re able to repeat, the purpose of Section dos off Blog post 26 is to avoid new absurd state where in actuality the Filipino spouse stays married towards alien spouse whom, after a different divorce or separation decree which is good at the world where it actually was rendered, is no longer partnered into the Filipino mate. The brand new provision try a restorative measure to address an enthusiastic anomaly in which the new Filipino lover is associated with the marriage as overseas mate is free in order to wed underneath the laws away from his or their particular country. Whether the Filipino companion initiated this new foreign divorce proceedings proceeding or perhaps not, a favorable decree dissolving the wedding bond and you can capacitating their or their unique alien mate so you’re able to ree result: the fresh Filipino spouse usually efficiently be rather than a loved one. A Filipino who initiated a different separation proceeding is in the same set and in “eg scenario because good Filipino who’s at the receiving end off an alien initiated continuing. For this reason, the topic provision shouldn’t generate a distinction. In eg, it’s lengthened as a way to understand the residual feeling of your foreign divorce proceedings decree on the Filipinos whose marital links so you’re able to the alien spouses try severed by operation of your own latter’s national rules.

Hence, implementing good verba legis otherwise purely literal translation of a law can get promote it worthless and you will end in inconvenience, a ridiculous disease or injustice

Easily invoking the fresh new nationality concept was erroneous. Instance concept, located around Article fifteen of the Civil Password, is not an outright and unbending code. In reality, the fresh simple lives off Section 2 out of Blog post tajikistani morsiamet twenty six was a beneficial testament your Condition may provide to possess an exception to this rule thereto. Moreover, blind adherence towards nationality idea have to be disallowed in the event it perform trigger unjust discrimination and oppression to specific classes men and women whoever liberties try just as protected by legislation. The latest process of law have the obligation so you can demand the new guidelines away from divorce just like the published by the legislature only if they are constitutional.

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