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

Original amending Act approved February 23, 1998. The quoted Article 39 covers actions or defenses for absolute nullity of marriage. In Candelario v. Candelario, the Supreme Court discussed its application to a marriage celebrated before the Family Code, subject to Article 256, but still denied nullity for insufficient proof of psychological incapacity. The later Child Marriage Act, section 6 also expressly invokes Article 39. This reader preserves the 1998 amending Act.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. — 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."

SEC. 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,

(Sgd.) JOSE DE VENECIA JR.

Speaker of the House of Representatives

(Sgd.) NEPTALI A. GONZALES

President of the Senate

This Act, which originated from the Senate was finally passed by the Senate and the House of Representatives on February 11, 1998 and February 13, 1998, respectively.

(Sgd.) ROBERTO P. NAZARENO

Secretary General

House of Representatives

(Sgd.) HEZEL P. GACUTAN

Secretary of the Senate

Approved: February 23, 1998.

(Sgd.) FIDEL V. RAMOS

President of the Philippines