Question & AnswerQ&A (EXECUTIVE ORDER NO. 227)
Executive Order No. 227 amends Article 26 to recognize the validity in the Philippines of marriages solemnized abroad in accordance with foreign laws, except those prohibited under certain articles of the Family Code. It also allows a Filipino spouse to remarry if the foreign spouse has obtained a valid divorce abroad.
Marriages solemnized outside the Philippines that are valid under the laws of the country where they were solemnized are recognized as valid in the Philippines, except those prohibited under Articles 35(1), (4), (5), (6), 36, 37, and 38 of the Family Code.
The Filipino spouse gains the capacity to remarry under Philippine law after the foreign spouse validly obtains a divorce abroad that capacitated the alien spouse to remarry.
It amended Article 36 to state that a marriage contracted by any party who was psychologically incapacitated to comply with essential marital obligations at the time of the celebration shall be void, even if such incapacity becomes manifest only after solemnization.
A marriage is considered void if either party was psychologically incapacitated to comply with essential marital obligations at the time of the marriage.
The action or defense for the declaration of absolute nullity does not prescribe generally. However, for marriages before the Code's effectivity and falling under Article 36 (psychological incapacity), it prescribes ten years after the Code took effect.
The Executive Order takes effect upon the effectivity of the Family Code of the Philippines, thereby implementing the amendments to the specified articles.
Articles 35(1), 35(4), 35(5), 35(6), 36, 37, and 38 of the Family Code list the kinds of marriages that are prohibited and thus not recognized as valid.
Corazon C. Aquino was the President who signed Executive Order No. 227 on July 17, 1987.
Yes, under the amendment, psychological incapacity that becomes manifest only after solemnization still renders the marriage void.