Section dos regarding Article twenty six speaks away from “a separation and divorce x x x validly obtained abroad from the alien lover capacitating your ex to remarry. ” Based on a clear and you will ordinary training of your provision, they simply makes it necessary that indeed there be a separation and divorce validly gotten overseas. This new Courtroom is bound by the terminology of your own law; neither will we lay terms and conditions about lips of lawmakers. “The nation’s lawmakers is actually assumed to know this is of your words, having utilized conditions advisedly, and also to has actually shown the intention by the use of such terms and conditions just like the can be found regarding the statute. Verba legis low est recedendum, otherwise regarding the conditions away from a law there needs to be zero deviation.”

And when, in the interests of argument, that term “obtained” is going to be translated to help you imply that the fresh new separation continuing have to be in reality started of the alien mate, nonetheless, the latest Court cannot follow the letter of the law whenever to do this carry out depart throughout the correct intent of legislature otherwise do if not yield results inconsistent on general purpose of the work. Laws enjoys closes to reach, and guidelines are very construed given that not to defeat however, to look at such as for instance ends and you may purposes. Just like the kept within the Category off Towns and cities of Phils., et al. vELEC, ainsi que al.:

This new page of one’s rules will not consult the alien mate should be the one who started the continuing where divorce proceedings decree is actually offered

The legislative intent is not moments precisely reflected from inside the the manner where in fact the resulting legislation was couched. To help you obviate which aberration, and you will bearing in mind the principle that the intent or even the soul of the laws is the legislation alone, hotel is to try to the new signal that the heart of one’s rules controls their page.