Amending Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines"
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Amending Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines"
Executive Order No. 227
July 17, 1987
Case Overview and Summary
Summary of Executive Order No. 227 Amending the Family Code of the PhilippinesValidity of Foreign Marriages
- All marriages solemnized outside the Philippines in accordance with the laws of the country where they were celebrated are valid in the Philippines, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38 of the Family Code. (Sec. 1)
- If a Filipino citizen's marriage to a foreigner is validly celebrated abroad and the foreigner spouse obtains a valid divorce, the Filipino spouse has the capacity to remarry under Philippine law. (Sec. 1)
Psychological Incapacity
- A marriage contracted by any party who was psychologically incapacitated to comply with the essential marital obligations at the time of celebration shall be void, even if the incapacity becomes manifest only after solemnization. (Sec. 2)
Action for Declaration of Nullity
- The action or defense for the declaration of absolute nullity of marriage shall not prescribe (i.e., has no time limit). (Sec. 3)
- For marriages celebrated before the effectivity of the Family Code and falling under Article 36 (psychological incapacity), the action or defense shall prescribe upon the effectivity of the Family Code. (Sec. 3)
Effectivity
- This Executive Order shall take effect upon the effectivity of the Family Code of the Philippines. (Sec. 4)
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Executive Issuances
Executive Orders
Family Code of the Philippines
foreign marriages
validity of marriages
psychological incapacity
nullity of marriage
prescription period
remarriage
divorce
Filipino citizen
foreigner spouse
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Amending Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines"
Executive Order No. 227
•July 17, 1987
EXECUTIVE ORDER NO. 227 July 17, 1987
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
Sec. 1. Article 26 of the Executive Order No. 209 is hereby amended to read as follows:
"Art. 26. All marriage solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouses shall have capacity to remarry under Philippine law."
Sec. 2. Article 36 of Executive Order No. 209 is hereby amended to read as follows:
"Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Executive Orders
Family Code of the Philippines
foreign marriages
validity of marriages
psychological incapacity
nullity of marriage
prescription period
remarriage
divorce
Filipino citizen
foreigner spouse
EXECUTIVE ORDER NO. 227 July 17, 1987
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
Sec. 1. Article 26 of the Executive Order No. 209 is hereby amended to read as follows:
"Art. 26. All marriage solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouses shall have capacity to remarry under Philippine law."
Sec. 2. Article 36 of Executive Order No. 209 is hereby amended to read as follows:
"Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply...
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