Part dos out-of Article 26 talks out of “a split up x x x validly obtained abroad of the alien partner capacitating him/her so you’re able to remarry. ” Predicated on a very clear and ordinary training of your supply, it only requires that here feel a divorce or separation validly obtained overseas. The fresh Judge is limited by terminology of your law; neither will we lay words on the mouths of your lawmakers. “The legislature try believed to learn the meaning of one’s terms and conditions, to possess put terminology advisedly, in order to features indicated their purpose by using such as for instance terms once the are found on law. Verba legis low est recedendum, or in the terminology out of a law there has to be zero departure.”

And if, with regard to dispute, that the keyword “obtained” can be interpreted so you’re able to indicate that the brand new divorce continuing must be in reality initiated by alien spouse, nonetheless, the Courtroom doesn’t follow the page of the law whenever to accomplish this create leave in the hjem true intent of one’s legislature or carry out if not give findings contradictory for the general purpose of your act. Laws enjoys ends to achieve, and you will statutes should be very construed as the never to beat however, to look at including comes to an end and you will intentions. Once the held when you look at the Category out-of Metropolises of the Phils., et al. vELEC, et al.:

The newest letter of one’s laws will not request that the alien lover must be the one who started the fresh new proceeding when the splitting up decree try offered

The latest legislative intention is not at all minutes correctly mirrored into the the way in which the resulting law are couched. So you can obviate which aberration, and you may bearing in mind the chief that intention and/or soul of law is the law by itself, lodge should be to this new rule that soul of your laws regulation their letter.

To repeat, the objective of Section dos of Article twenty six is to prevent the newest ridiculous situation where the Filipino mate stays partnered towards the alien mate exactly who, after a different separation and divorce decree that is good at the world where it actually was rendered, no longer is married to your Filipino partner. New supply is a restorative scale to address an enthusiastic anomaly where brand new Filipino lover try tied to the wedding while the overseas mate is free of charge so you can wed within the rules out of his or their country. Whether the Filipino lover started the international divorce proceedings continuing or not, a good decree dissolving the wedding bond and capacitating their otherwise their particular alien spouse so you can ree effect: this new Filipino partner commonly effortlessly getting instead of a husband or wife. Good Filipino just who started a different divorce case continuing is within the same set plus in “including circumstances because the an excellent Filipino who is from the acquiring avoid off a keen alien started proceeding. Ergo, the subject provision should not make a distinction. In both particularly, it’s prolonged as a means to spot the rest of the perception of one’s international splitting up decree into the Filipinos whose relationship ties so you can its alien partners was cut by process of one’s latter’s federal law.

Hence, implementing a verba legis otherwise strictly literal interpretation from a statute will get render it meaningless and you can end in trouble, a ridiculous condition otherwise injustice

Easily invoking the newest nationality idea was erroneous. Such as for example principle, receive less than Blog post 15 of one’s Civil Password, isn’t a total and unbending signal. In fact, new mere lifetime from Part 2 regarding Article twenty-six are an excellent testament that the Condition may provide for an exemption thereto. More over, blind adherence for the nationality idea must be disallowed in the event it perform end in unjust discrimination and you may oppression to certain kinds of men and women whose rights try just as covered by laws. The fresh process of law feel the responsibility so you can enforce the fresh laws and regulations away from splitting up given that published by the legislature on condition that he is constitutional.