Law Summary
Nullity of Marriage Due to Psychological Incapacity
- A marriage is void if, at the time of its solemnization, either party is psychologically incapacitated to fulfill essential marital obligations.
- The psychological incapacity may be established even if it becomes apparent only after the marriage.
Prescription Period for Action or Defense to Declare Marriage Absolutely Null
- Actions or defenses to declare the absolute nullity of a marriage do not prescribe, implying no time limit.
- Exception applies to marriages contracted before the Family Code's effectivity under Article 36's psychological incapacity ground, where the action or defense must be initiated within ten years after the Code’s effectivity.
Effectivity Clause
- The amendments take effect concurrently with the effectivity of the Family Code of the Philippines.