QuestionsQuestions (EXECUTIVE ORDER NO. 227)
Marriages solemnized outside the Philippines, in accordance with the laws in force where they were solemnized and valid there, are also valid in the Philippines, except those prohibited under Articles 35(1),(4),(5),(6), 36, 37, and 38.
The exception does not bar the Filipino spouse’s remarriage capacity. If the marriage was validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him/her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
Articles 35(1), (4), (5), and (6), and Articles 36, 37, and 38.
A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations is void, even if the incapacity becomes manifest only after solemnization.
No. It suffices that the incapacity existed at the time of celebration; it may become manifest only after the solemnization.
The marriage is void (i.e., it can be declared absolutely null by a proper action).
The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
It is qualified. For marriages celebrated before the effectivity of the Family Code and falling under Article 36, the action or defense shall prescribe in ten years after the Family Code took effect.
If the marriage was celebrated before the Code took effect and falls under Article 36, then actions/defenses prescribe in ten years from the Code’s effectivity.
Yes, generally the action or defense to declare absolute nullity does not prescribe, unless the case is within the transitional category (pre-Code Article 36 marriages subject to the ten-year period).
It takes effect upon the effectivity of the Family Code of the Philippines.
To amend how foreign marriages are recognized (Article 26), to refine/confirm the rule on psychological incapacity (Article 36), and to set the rules on prescription for actions/defenses of absolute nullity, including a transitional period for pre-Code Article 36 cases (Article 39).
That the marriage between the Filipino and the alien spouse was validly celebrated, and that a divorce was thereafter validly obtained abroad by the alien spouse, capacitating him/her to remarry.
It means the Filipino spouse’s legal ability to remarry in the Philippines is recognized once the conditions of valid foreign marriage and valid foreign divorce by the alien spouse are satisfied.
Article 36 provides that certain psychologically incapacitated marriages are void; Article 39 governs the time limits to bring (or raise as a defense) the action to declare the marriage absolutely null—generally no prescription, but with a ten-year transitional prescription for pre-Code Article 36 marriages.