Question & AnswerQ&A (Republic Act No. 8533)
Republic Act No. 8533 amends Title I, Chapter 3, Article 39 of Executive Order No. 209 (Family Code of the Philippines) to nullify the prescriptive period for actions or defenses grounded on psychological incapacity regarding the declaration of absolute nullity of a marriage.
Article 39 of Title I, Chapter 3 of the Family Code of the Philippines was amended by Republic Act No. 8533.
RA 8533 removes any prescriptive period, meaning the action or defense for declaration of absolute nullity of a marriage on the ground of psychological incapacity shall not prescribe.
It took effect 15 days after its publication in the Official Gazette or in two newspapers of general circulation, following its approval on February 23, 1998.
It allows affected parties to file for declaration of nullity at any time without being barred by any statute of limitations, acknowledging the complex nature of psychological incapacity.
It was approved by President Fidel V. Ramos on February 23, 1998.
No, RA 8533 specifically amends the prescriptive period related to psychological incapacity cases only.
There is no time bar or prescription for filing actions or defenses for nullity based on psychological incapacity, enabling courts to entertain such cases regardless of the passage of time.
The Family Code is the law governing marriage, family relations, and property relations between spouses in the Philippines, established by Executive Order No. 209.
It means that the marriage is considered void from the beginning due to legal grounds such as psychological incapacity, rendering it without legal effect.