It will not separate perhaps the Filipino companion is the petitioner or even the respondent from the overseas divorce case proceeding

It will not separate perhaps the Filipino companion is the petitioner or even the respondent from the overseas divorce case proceeding

Section 2 from Blog post twenty-six speaks out of “a divorce proceedings x x x validly gotten overseas of the alien lover capacitating him/her to remarry. ” Predicated on an obvious and you may basic reading of your provision, they simply makes it necessary that truth be told there getting a splitting up validly gotten abroad. The latest Legal is bound from the terms and conditions of the law; none do we put terms and conditions about mouths of your own lawmakers. “The nation’s lawmakers are presumed knowing the meaning of the terms and conditions, to own made use of terms and conditions advisedly, also to enjoys conveyed its purpose by using for example conditions given that are located on law. Verba legis non est recedendum, or about terminology out-of a statute there should be no departure.”

Just in case, for the sake of dispute, that keyword “obtained” will be translated to indicate that the newest splitting up proceeding should be in reality initiated of the alien lover, still, the newest Legal doesn’t follow the page of statute whenever to do this would leave regarding genuine intent of one’s legislature otherwise perform or even give results contradictory on general purpose of one’s operate. Laws and regulations keeps concludes to reach, and you may regulations would be so construed because the to not defeat but to handle for example ends and you may aim. Just like the held during the League of Towns and cities of Phils., et al. vELEC, mais aussi al.:

The new letter of the rules doesn’t demand that the alien spouse must be the person who initiated the latest continuing when the divorce decree try supplied

The legislative intention is not at all moments accurately shown into the the manner where the ensuing laws are couched. In order to obviate this aberration, and bearing in mind the chief that intention and/or heart of laws is the laws alone, resorts is to new code the heart of laws control the letter.

To summarize, the intention of Part dos away from Blog post twenty six should be to stop the newest absurd situation the spot where the Filipino lover stays partnered to the alien lover who, just after a foreign divorce proceedings decree that is proficient at the country in which it had been rendered, no longer is partnered on Filipino lover. New supply are a restorative level to address an enthusiastic anomaly in which the newest Filipino spouse try linked with the marriage while the international companion is free so you can wed under the guidelines regarding their or their country. Perhaps the Filipino companion started the overseas separation and divorce proceeding or perhaps not, a great decree dissolving the marriage thread and you can capacitating his otherwise their particular alien partner so you can ree impact: brand new Filipino lover will efficiently end up being versus a husband or wife. Good Filipino exactly who started a foreign divorce continuing is in the same put along with “such condition because an excellent Filipino who is in the searching end off a keen alien started proceeding. Hence, the niche supply ought not to generate a big difference. In both like, it’s extended as an easy way to spot the remaining feeling of the overseas separation decree to the Filipinos whose marital connections so you can its alien partners are cut by procedure of latter’s national rules.

Thus, using good verba legis otherwise strictly literal translation away from a law can get give it meaningless and you will end up in inconvenience, an absurd problem or injustice

Easily invoking the latest nationality principle was erroneous. Such as concept, discovered around Blog post fifteen of the Civil Code, isn’t a complete and you can unbending signal. Indeed, the fresh new mere lifetime regarding Section 2 of Post twenty six is actually an effective testament that Condition may possibly provide having a different thereto. Moreover, blind adherence to your nationality concept need to be disallowed if this manage end in unjust discrimination and you may oppression to particular classes men and women whoever liberties is just as protected by legislation. The newest process of law feel the obligations to help you demand brand new laws away from breakup as the written by our elected representatives only when he or she is constitutional.

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