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1 THE FAMILY HOME Part ONE

ARTICLE Constitution Exempt from Execution Waiver, Laches and Estoppel Exceptions from Exemption
Article 152. The 1. On a house and land FROM WHAT ACTS IS THE Nature of the Waiver: Exemptions are NOT
FAMILY HOME, from the TIME IT IS FH EXEMPTED? ABSOLUTE
constituted ACTUALLY OCCUPIED as a 1. Personal right which can be
JOINTLY by: family residence. (Arriola a. Execution Execution is claimed only by the Exceptions are found in:
v. Arriola); achieved through a legal judgment debtor, and NOT BY
a. the HUSBAND device known as a writ of THE SHERIFF, and therefore 1. ARTICLE 155 those
and WIFE; or 2. There must be an execution. The writ serves generally the fact that it is a obligations and indebtedness
element of permanence as proof of the property family home and that it is enumerated under the
b. an UNMARRIED owned by the defendant, under the exemption must be article the whole amount
HEAD of a family. Boat on a water IS who is called the Judgment claimed and proved before gained from the sale of the FH
NOT a family Debtor, to the plaintiff, or the sale at the public auction. may be taken by the creditor
FAMILY HOME is home. Judgment Creditor. The (Versola v. C.A.) or obligee.
the DWELLING writ of execution
HOUSE where 3. Residents of the family commands an officer of 2. Failure to claim and prove 2. ARTICLE 160 a judgment
they and their home for it to be called a the court, usually a sheriff, that the residence is a family creditor whose claim IS NOT
family reside, and Family Home: to take the property of the home before the sale at the AMONG those provided in
the LAND on debtor to satisfy the debt. public auction would ESTOP Article 155 may apply for the
which it is a. Owners; Ordinarily, a writ of the party from claiming the FHs execution if he or she has
situated. execution cannot be exemption. (Fortaleza v. reasonable grounds to believe
Article 153. The b. Husband and wife; issued until after an Lapitan) that the FH is actually worth
FAMILY HOME is appropriate court issues a more than the maximum
deemed c. Head of the family; or judgment or decree 3. The exemption can be amount fixed in ARTICLE 157.
constituted on: determining the rights and waived or be barred by
d. The beneficiaries. liabilities of the parties LACHES by the failure to set- Procedure: (Order of
a. a house; and involved. up and prove the status of distributing the proceeds)
Residing, in a family home the property as a family
b. lot is a real right. (Taneo v. b. Forced sale A partition home or a reasonable time 1. Proceeds of any execution
C.A.) is a term used in the law of thereafter. (Olivia-de Mesa sale shall be applied first to the
from the TIME IT real property to describe v. Acero, Jr.) amount provided in Article 157
IS OCCUPIED as a 4. Occupancy must be an act, by a court order or (Php300H, urban area;
FAMILY ACTUAL and NOT otherwise, to divide up a Php200H, rural area);
RESIDENCE. CONSTRUCTIVE concurrent estate into
separate portions 2. Second to the liabilities
Continuity of the representing the under the judgment and costs;
Family Home: proportionate interests of
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a. From the time Not merely the owners of property. It 3. Third EXCESS shall be
of the constitution possible or is sometimes described as delivered to the judgment
of the family presumptive. a forced sale. creditor.
home;
(Patricio v. Dario III) c. Attachment When the REASON for not making the
b. So long as any of court takes the property exemption ABSOLUTE
its BENEFICIARIES 5. Occupancy by the one and will hold it during the
actually resides claiming the house must course of the trial. The Certainly, the humane
therein be ACTUAL and NOT property is security should considerations for which the
CONSTRUCTIVE it should the case be decided law surrounded the family
Exemption: not be represented by the against the defendant. home with immunities from
occupation of his/her levy, did not include the intent
The Family Home overseer, maid, houseboy The legal process of seizing to enable the debtor to thwart
cannot be subject or driver. property to ensure the just claims of its creditors.
to: satisfaction of a judgment. (People v. Chavez)
There was no actual
a. Execution; occupancy because that When will the exemption
which is actual is takes effect?
b. Forced sale; or something real or actually
existing, as opposed to From the time of the
c. Attachment something merely constitution of the FH, and
possible.(Manacop v. will LASTS SO LONG as ANY
Exception: If the C.A.) of its BENEFICIARIES
beneficiaries are ACTUALLY resides therein.
not anymore 6. The creditors should (Modequillo v Breva)
residing in the take the necessary
FAMILY HOME. precautions to protect RULES FOR PURPOSES of
their interest before EXECUTION (Olivia-De
The Family Home extending credit to the Mesa v. Acero, Jr.)
can be executed, spouses or head of the
forced sale, or family who owns the 1. Family residences
attachment to the home. (Modequillo v. constructed BEFORE the
extent of the Breva) effectivity of the FC or
VALUE allowed by before August 3, 1988
law. 7. A FH is not affected by must be constituted as a
the type of property FH EITHER judicially or
3 THE FAMILY HOME Part ONE

regime of the spouses or extra-judicially in


by the fact that the accordance with the (old)
marriage has been Civil Code in order to be
nullified. (Valdez v. RTC) exempt from execution;

OLD CIVIL CODE as to 2. Family residences


CONSTITUTION of the FH constructed AFTER the
effectivity of the FC on
It must be constituted August 3, 1988 are
JUDICIALLY or automatically deemed to
EXTRAJUDICIALLY. FH and thus exempt from
execution from the TIME IT
NEW LAW UNDER FC as to WAS CONSTITUTED and
CONSTITUTION of the FH lasts as long as any of its
beneficiaries actually
a. Judicial or extrajudicial resides therein;
constitution IS NOT
NEEDED. 3. Family residences which
were not judicially or extra-
b. ALL RESIDENTIAL judicially constituted as a
HOUSES used as a family family home prior to the
home, without judicial or effectivity of the FC, but
extrajudicial constitution, were existing thereafter,
prior to the effectivity of are considered as FH by
the FC are DEEMED operation of law and are
constituted by OPERATION prospectively entitled to
of LAW as a family home the benefits accorded to a
on AUGUST 3, 1988, date FH under the FC.
of the effectivity of FC
(Modequillo v. Breva) SO
LONG that the provisions
of the FC are complied.

Referred to as
AUTOMATIC
4 THE FAMILY HOME Part ONE

CONSTITUTION
(AC)

Effect of AC:

a. The FH shall be
prospectively entitled to
ALL BENEFITS provided
under FC.

EXCEPTION: Article 153


CANNOT BE GIVEN
RETROACTIVE EFFECT to
shield homes of debtors
from execution of
judgment ARISING FROM
DEBTS WHICH became
DUE and DEMANDABLE
PRIOR TO AUGUST 3, 1988

HOW TO AVAIL THE


BENEFITS OF THE FAMILY
HOME?

To be able to avail of the


benefits of a family home
in relation to debts which
matured prior to August 3,
1988, IT MUST BE SHOWN
THAT THE HOME WAS
CONSTITUTED EITHER
JUDICIALLY or EXTRA-
JUDICIALLY pursuant to
the Civil Code. (Manacop
v. C.A.; Taneo v. C.A.)
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HOW MUST A FH BE
CONSTITUTED?

a. Husband and wife must


constitute a FH JOINTLY
not independently;

b. Unmarried head of the


family can constitute the
FH himself or herself
ALONE;

c. Occupancy of any of the


beneficiaries can
constitute a FH

Still possible even


if married person
is legally or de
facto separated;

Through the
occupancy of his
or her
beneficiaries who
are ACTUALLY
occupying the
LAND and the
HOUSE;

Occupation must
be WITH THE
CONSENT and
pursuant to the
other
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requirements of
the FH.