It does not separate whether the Filipino companion ‘s the petitioner or even the respondent from the foreign divorce or separation proceeding
வழக்கறிஞர் ராஜாசுந்தர் ராமன்Feb 2, 2024
Paragraph dos off Article twenty-six talks out-of “a divorce proceedings x x x validly obtained overseas because of the alien mate capacitating your ex partner to help you remarry. ” Predicated on a very clear and you will basic studying of one’s supply, it just makes it necessary that truth be told there feel a split up validly received abroad. The fresh Courtroom is restricted of the terminology of law; none will we lay terms and conditions regarding mouths of one’s lawmakers. “Our elected representatives try thought understand this is of the terminology, getting made use of terminology advisedly, and also to provides expressed its intention by using such as terminology as the are found about law. Verba legis low est recedendum, otherwise in the conditions out of a statute there needs to be zero departure.”
Assuming, in the interest of disagreement, that the phrase “obtained” is going to be interpreted to imply that new separation and divorce continuing have to be indeed started of the alien lover, nevertheless, the latest Court doesn’t stick to the letter of one’s statute whenever to take action manage depart regarding the real intent of legislature or manage otherwise yield conclusions inconsistent toward general-purpose of one’s operate. Legislation enjoys stops to reach, and you will rules can be so construed because the to not defeat however, to carry out including comes to an end and you may objectives. As stored in the Group from Metropolitan areas of Phils., et al. vELEC, ainsi que al.:
Brand new page of rules cannot request that the alien mate must be the one who started the fresh new proceeding where divorce case decree is provided
https://kissbrides.com/japanese-women/ama/
This new legislative intent is not times precisely mirrored inside the the way in which where the resulting legislation are couched. So you can obviate it aberration, and taking into consideration the main that intent or the heart of the legislation ‘s the legislation by itself, lodge is to try to the newest rule that soul of your own laws regulation the page.
To help you summarize, the intention of Part 2 regarding Blog post twenty-six is to try to avoid the fresh new ridiculous state where Filipino spouse remains married toward alien partner which, just after a different separation decree that’s proficient at the country where it actually was made, no longer is married into Filipino partner. The fresh provision is a restorative measure to handle an enthusiastic anomaly in which the fresh Filipino companion are tied to the marriage just like the foreign spouse is free of charge in order to marry beneath the statutes of his otherwise their own country. If the Filipino companion started new foreign divorce proceedings continuing or perhaps not, a favorable decree dissolving the wedding thread and you will capacitating their or their own alien partner so you can ree influence: the new Filipino partner have a tendency to effectively be instead a husband or wife. A great Filipino who initiated a foreign separation continuing is in the exact same lay plus “such circumstances since a Filipino who is from the searching prevent out-of a keen alien initiated proceeding. Hence, the niche supply ought not to build a big change. Both in such as for example, it is lengthened as a means to recognize the rest of the effect of the overseas split up decree with the Filipinos whose marital connections in order to their alien spouses try cut by process of your own latter’s national law.
Thus, applying a good verba legis or strictly literal translation regarding a statute could possibly get render they worthless and you can lead to hassle, an absurd disease otherwise injustice
Easily invoking the fresh nationality idea are incorrect. Including concept, discovered significantly less than Blog post 15 of your own Civil Code, isn’t an absolute and you can unbending laws. Actually, the brand new simple lifestyle regarding Part 2 away from Post twenty-six is an excellent testament the County may possibly provide having an exception thereto. Additionally, blind adherence towards nationality concept must be disallowed if this would trigger unjust discrimination and you may oppression to certain kinds of men and women whoever legal rights is equally protected by legislation. This new courts have the obligation so you can demand the fresh legislation regarding divorce proceedings due to the fact published by our elected representatives as long as he could be constitutional.
வழக்கறிஞர் ராஜாசுந்தர் ராமன்
இவரது மற்ற கட்டுரைகளைக் காண இங்கே சொடுக்குங்கள்.
கருத்துக்கள் பதிவாகவில்லை- “It does not separate whether the Filipino companion ‘s the petitioner or even the respondent from the foreign divorce or separation proceeding”