Law Summary
Removal of Prescriptive Period for Nullity Based on Psychological Incapacity
- The key provision is that the action or defense for declaring a marriage absolutely null shall not be subject to prescription.
- This means there is no time limit or prescriptive period within which such action or defense must be filed.
Legal Effectivity
- The amendment took effect fifteen (15) days after its publication.
- Publication must be in the Official Gazette or in two newspapers of general circulation.
Legislative Process
- The Act was originated in the Senate and passed by both the Senate and the House of Representatives in February 1998.
- It was approved by the President of the Philippines on February 23, 1998.
Implications of the Amendment
- By nullifying the prescriptive period, the law ensures that individuals claiming psychological incapacity as the ground for the nullity of marriage may seek relief regardless of how much time has elapsed.
- This offers greater protection of rights and access to justice for parties affected by psychological incapacity in marriage.
- It is a significant legal development affecting grounds for nullity, emphasizing the enduring nature of the psychological incapacity ground without temporal limitations.