Question & AnswerQ&A (EXECUTIVE ORDER NO. 227)
Article 26 states that marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized and valid there, shall also be valid in the Philippines except those prohibited under Articles 35(1), (4), (5), (6), 36, 37, and 38.
Yes, if a marriage between a Filipino citizen and a foreigner is validly celebrated and the foreign spouse obtains a valid divorce abroad capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.
Article 36 as amended specifies that a marriage contracted by any party who was psychologically incapacitated to comply with the essential marital obligations at the time of the celebration shall be void, even if the incapacity becomes manifest only after solemnization.
Psychological incapacity refers to a party's mental or psychological condition that incapacitates him or her from complying with the essential marital obligations, and this condition invalidates the marriage if present at the time of celebration.
In general, the action or defense for the declaration of absolute nullity of a marriage does not prescribe. However, for marriages celebrated before the effectivity of the Family Code and falling under Article 36, the action or defense prescribes ten years after the Code's effectivity.
Marriages prohibited under Articles 35(1), (4), (5), (6), 36, 37, and 38 are not valid in the Philippines even if solemnized abroad and valid there.
Executive Order No. 227 took effect upon the effectivity of the Family Code of the Philippines.
Executive Order No. 227 was signed by Corazon C. Aquino, President of the Philippines, and Joker P. Arroyo, Executive Secretary.
The marriage is void ab initio or considered null and void even if the psychological incapacity becomes evident only after the marriage celebration.
Executive Order No. 227 amends certain provisions of Executive Order No. 209, which is known as the Family Code of the Philippines.