Paragraph dos of Blog post 26 speaks from „a breakup x x x validly acquired abroad by the alien mate capacitating him/her to help you remarry. ” According to a definite and you will ordinary understanding of supply, it merely necessitates that truth be told there end up being a divorce case validly received abroad. New Judge is restricted because of the conditions of statute; neither can we set words on the mouths of one’s lawmakers. „The legislature is actually assumed to learn this is of your own conditions, to have used terms advisedly, also to has expressed the intention by the use of for example conditions since the are found throughout the law. Verba legis low est recedendum, or in the terminology out of a statute there should be zero departure.”

While, in the interest of disagreement, that the phrase „obtained” might be translated so you’re able to mean that the divorce or separation continuing must be in reality initiated of the alien companion, still, the fresh new Judge cannot proceed with the page of the law whenever to achieve this perform depart on true purpose of one’s legislature otherwise manage or even yield conclusions contradictory on general purpose of the act. Legislation features ends up to reach, and you may guidelines would be very construed once the not to beat however, to carry out such as for instance finishes and you can objectives. Since stored in Category off Cities of one’s Phils., mais aussi al. vELEC, et al.:

The new page of the rules will not request the alien companion ought to be the person who started the latest proceeding when the separation and divorce decree is offered

The fresh new legislative intent is not times correctly mirrored in the way in which where resulting laws try couched. In order to obviate it aberration, and you may considering the chief your intent or the heart of the laws ‘s the rules in itself, hotel is to the new code that the soul of the legislation regulation its page.

In order to repeat, the reason for Part 2 from Post twenty six would be to prevent brand new ridiculous disease where in fact the Filipino companion stays married on alien lover just who, just after a different divorce or separation decree that is proficient at the world where it actually was made, is no longer married into Filipino companion. This new supply try a restorative scale to handle a keen anomaly in which the Filipino companion is tied to the marriage as the foreign companion is free to help you get married within the rules off their otherwise their particular nation. Whether or not the Filipino partner initiated the latest foreign divorce or separation proceeding or perhaps not, a good decree dissolving the wedding thread and you may capacitating their or her alien lover to help you ree impact: the fresh new Filipino spouse usually effortlessly be instead a husband or wife. A Filipino which initiated a different splitting up continuing is within the same put and in „for example condition since the a Filipino who’s at the finding avoid regarding an enthusiastic alien initiated continuing. Therefore, the niche supply should not generate an improvement. In for example, it is offered as an easy way to identify the residual perception of your foreign breakup decree on Filipinos whose relationship connections so you can their alien partners is actually cut of the procedure of one’s latter’s federal legislation.

Hence, applying a beneficial verba legis or strictly literal interpretation out-of a statute can get render it meaningless and you may lead to inconvenience, an absurd disease or injustice

Conveniently invoking the nationality principle was erroneous. Including principle, found significantly less than Blog post Daha Fazla Bonus 15 of your own Municipal Password, is not a total and you can unbending rule. Actually, this new simple existence out-of Part 2 away from Article twenty six is a good testament that Condition may provide for a difference thereto. Also, blind adherence to the nationality principle should be disallowed if it do end up in unfair discrimination and oppression to certain classes of individuals whoever legal rights are equally included in law. The newest courts have the obligations to impose new guidelines out of divorce just like the compiled by the nation’s lawmakers only if he or she is constitutional.