Let me start my report with two bible verse that pertains to marriage to back me up

why I have had a hard time in understanding the concepts of Article 39 and 40 of
the Family Code. Even if Article 39 is self-explanatory according to Paras and Article
40 is too short for discussion.
Overview: Article 1
Marriage is a special contract of permanent union between a man and woman
entered in accordance with law for the establishment of conjugal and family life. It
is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code.
Thus, I would like to share verse from Mark 10:9 that says Therefore what God has
joined together, let no one separate.
But then, Articles 35-38 of the Family Code of the Philippines provided us grounds
for Void Ab Initio marriages which meant that the union of the said parties was not
valid from the start. So let us have a short review of the grounds under void
marriages. (Recite Article 35, 36, 37 and 38).
Thus, article 39 states that The action or defense for the declaration of absolute
nullity of marriage shall not prescribe, as amended by RA 8533 on February 23,
1998.
To better understand this article let us define first the term prescribed period:
- It is a legal restriction, as by law or court decision, on the time that is allowed to
elapse between the arising of a legal claim and the filing a suit based on legal
claim
- A legislative enactment prescribing the period of time within which proceedings
must be instituted to enforce a right or bring an action at law
To take an example of article 39 of the Family Code of the Philippines, before,
psychological incapacitys prescribes period is 10 years before the marriage can be
declared null and void. But after it was amended by RA 8533, no prescription of 10
years is needed. As per Article 36, if proven that the grounds for PI existed before
the celebration of marriage, the union is void from the start. However, the
marriages absolute nullity must be declared by the court as stated in Article 40 of
the same code.
Article 40 of the Family Code states that: The absolute nullity of a previous marriage
be invoked for purposes of remarriage on the basis solely of a final judgment
declaring such previous marriage void.
Article 40 ascertains that for a person to remarry, the previous or the first union
must be declared void.
Further, it there is a need for a judicial declaration of nullity of marriage as the
clause on the basis solely of a final judgment declaring such marriage denotes.
Moreover this clause is not only for the purpose of remarriage but also for the
purposes of property division, not unless a there was a pre-nuptial agreement was
signed by both parties, custody of a child or children, and to prevent the filing of
bigamy.
In this part of the Family Code, a retroactive effect is applicable since Art 256 is
given a retroactive effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws. Thus, Art 40 is
applicable to remarriages entered into after the effectivity of the FM on August 3,
1988 regardless of the date of the first marriage. Besides Article 40 is a rule of
procedure. So, what is a rule of procedure? Rule or Rules of procedure are
the regulations of a legislative body in conducting its business. They are
rules of order.

As an example of its retroactive effect, here is a case.

Discuss the two situations the effects of remarriage before the effectivity of
the Family Code and when the remarriage happened during the effectivity of
the New Civil Code.

Discuss AM No. 02-11-10-SC, March 24, 2003 on the proposed rule on

declaration of absolute nullity of marriages and annulment of
voidable marriage.

Further, let us differentiate the terms annulment of marriage and nullity of

marriage.

Review the essential and formal requisites of marriage

To end up my report, let me recite a verse from 1 Corinthians 13: 4-8:

Love is patient, Love is kind, it does not envy, it does not boast, it is not proud.
It does not dishonor other, it is not self-seeking, it is not easily angered, it keeps no
records of wrongs.
Love does not delight in evil but rejoices with the truth.
It always protects, always trusts, always hopes, always perseveres.
However, with the presence of our Civil Code, the Family Code provisions
specifically, love neither wins nor loses. Love is never a question but a statement.
Marriage can never survive with love alone.
Social influences and legalities sacrifices love in marriages. The very reason why
marriages fail.
Often, we would hear Filipino elders reminding us: Na ang pag aasawa ay hindi
kanin na mainit na pag naisubo mo at napaso ka, pwede mo lang iluwa. My firm
advocacy would always be #protectthesanctity of marriage, #protectourfamilies