It will not separate whether the Filipino spouse is the petitioner or the respondent in the overseas breakup continuing
Part dos off Post twenty six talks from « a splitting up x x x validly acquired overseas by the alien companion capacitating him/her so you can remarry. » Based on an obvious and you may basic reading of the supply, they simply necessitates that around be a splitting up validly acquired abroad. This new Legal is bound from the terminology of your own law; none do we lay terms and conditions about mouths of lawmakers. « The legislature is believed knowing the definition of your terms, to own made use of terms and conditions advisedly, and has indicated the intent through eg terminology as are located about law. Verba legis non est recedendum, or on the words of a law there has to be no departure. »
If in case, in the interests of argument, that the phrase « obtained » would be interpreted in order to imply that the fresh divorce proceeding should be indeed started because of the alien lover, nonetheless, new Courtroom does not follow the page of law whenever to achieve this would leave on real intent of one’s legislature otherwise do if not produce results contradictory towards general-purpose of your work. Laws has actually closes to attain, and you will legislation should be very construed because the not to ever beat however, to take care of for example stops and you can objectives. As the kept when you look at the Group out of Towns and cities of your Phils., ainsi que al. vELEC, mais aussi al.:
The fresh new page of one’s rules does not demand that the alien lover ought to be the one who started the new proceeding when the separation decree is offered
The latest legislative intent is not very minutes truthfully mirrored during the the manner where ensuing law are kauniit Thai-naiset couched. So you can obviate it aberration, and you can bearing in mind the principle your purpose or even the heart of the rules is the legislation alone, resorts should be to this new rule that soul of your own laws control its letter.
In order to repeat, the intention of Part dos regarding Blog post twenty-six is to avoid this new ridiculous state the spot where the Filipino mate stays partnered into alien partner which, immediately following a foreign split up decree that’s effective in the country in which it actually was made, is no longer married towards the Filipino partner. The latest provision is actually a corrective measure to address an anomaly in which the new Filipino spouse is actually tied to the wedding since the foreign lover is free of charge in order to marry underneath the legislation from their or her nation. Perhaps the Filipino lover initiated the new foreign separation and divorce continuing or otherwise not, a great decree dissolving the marriage thread and capacitating his otherwise their particular alien partner so you’re able to ree effect: brand new Filipino lover commonly efficiently feel in the place of a wife or husband. A great Filipino who started a different breakup continuing is within the same put as well as in « such as for example scenario once the a good Filipino that is during the researching avoid of an alien started proceeding. Thus, the niche provision ought not to make an improvement. In for example, it is extended as a way to determine the rest of the feeling of overseas breakup decree to the Filipinos whose relationship links to their alien spouses was severed by the procedure of latter’s national legislation.
Therefore, applying an effective verba legis or purely literal interpretation out of a law will get render they worthless and you will end up in inconvenience, an absurd situation or injustice
Conveniently invoking the fresh new nationality concept is actually incorrect. For example concept, located below Article 15 of one’s Civil Code, is not an outright and unbending code. In reality, the new mere existence out-of Part dos off Article twenty-six is a beneficial testament that the Condition may possibly provide getting a different thereto. More over, blind adherence on nationality idea need to be disallowed whether it manage trigger unfair discrimination and you may oppression to particular categories of men and women whoever rights is actually equally protected by laws. The latest process of law have the obligation in order to demand brand new guidelines off separation due to the fact compiled by the nation’s lawmakers only when he’s constitutional.