Title I — Marriage
Article 39
ELI5— what this means for you
Actions to declare the absolute nullity of a void marriage or to annul a voidable marriage do not prescribe — they can be filed at any time. However, only the spouse can file; after a spouse's death, the children may continue a pending case but cannot start a new one.
Official text — EO 209
The action or defense for the declaration of absolute nullity shall not prescribe. However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect. (As amended by Executive Order 227) (n)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.