Title
Amendments to Family Code Articles 26, 36, 39
Law
Executive Order No. 227
Decision Date
Jul 17, 1987
Corazon C. Aquino's Executive Order No. 227 amends the Family Code to recognize marriages solemnized abroad as valid in the Philippines, allows Filipino spouses to remarry after a foreign divorce, and clarifies the conditions under which marriages may be declared void due to psychological incapacity.

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.

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