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.

In order to repeat, the goal of Section dos regarding Article twenty six will be to avoid the brand new ridiculous disease the spot where the Filipino lover stays partnered on alien companion just who, shortly after a different divorce or separation decree that’s good at the nation in which it actually was made, has stopped being partnered on Filipino mate. The fresh new provision are a corrective level to handle an enthusiastic anomaly where new Filipino mate is tied to the wedding while the overseas spouse is free to help you get married beneath the laws and regulations out-of their otherwise their own country. Perhaps the Filipino partner started the fresh foreign divorce or separation proceeding or perhaps not, a good decree dissolving the wedding thread and capacitating his or her alien spouse so you’re able to ree effect: the fresh new Filipino partner have a tendency to efficiently getting instead a husband or wife. A good Filipino whom initiated a different divorce proceedings proceeding is within the same place plus in “like scenario because a Filipino who’s within researching prevent off a keen alien initiated proceeding. For this reason, the niche supply must not build a change. Both in such as for instance, it is expanded as a way to understand the remaining feeling of foreign separation decree toward Filipinos whose relationship connections so you can its alien partners try cut of the operation of latter’s hvilke kvinner som er hotteste i verden federal law.

Thus, applying an effective verba legis otherwise purely exact interpretation off a statute get bring they worthless and you can end in inconvenience, a ridiculous disease otherwise injustice

Easily invoking brand new nationality concept try incorrect. Particularly concept, found under Post fifteen of one’s Municipal Code, isn’t an outright and you may unbending signal. Indeed, the brand new mere lifetime from Paragraph dos regarding Post 26 try a beneficial testament the Condition might provide for a different thereto. Moreover, blind adherence toward nationality idea should be disallowed whether it create trigger unfair discrimination and you will oppression to specific classes of men and women whose legal rights is actually equally protected by laws. The courts have the obligation in order to enforce brand new legislation out of divorce or separation since authored by our elected representatives on condition that he or she is constitutional.