Amending Art. 39 of the Family Code Re: Nullification of Prescriptive Period for Actions Based on Psychological Incapacity
Republic Act No. 8533, enacted on February 23, 1998, amends Article 39 of the Family Code of the Philippines by nullifying the prescriptive period for actions or defenses based on psychological incapacity regarding the declaration of absolute nullity of a marriage. This means that individuals can seek to declare their marriage null at any time without being limited by a time frame. The law is effective 15 days after publication in the Official Gazette or in two widely circulated newspapers. The Act was published on February 27 and 28, 1998.
February 23, 1998
REPUBLIC ACT NO. 8533
AN ACT AMENDING TITLE I, CHAPTER 3, ARTICLE 39 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES GROUNDED ON PSYCHOLOGICAL INCAPACITY
Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:
"TITLE I — MARRIAGE
"CHAPTER 3 — VOID AND VOIDABLE MARRIAGES
"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."
SECTION 2. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: February 23, 1998
Published in the Manila Times and Malaya on February 27 and 28, 1998.