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THIRD DIVISION

[G.R. No. 165060. November 27, 2008.]

ALBINO JOSEF, petitioner, vs. OTELIO SANTOS, respondent.

DECISION

YNARES-SANTIAGO, J : p

This petition for review on certiorari under Rule 45 of the Rules of Court
assails the November 17, 2003 1(1) Resolution of the Court of Appeals in CA-G.R. SP
No. 80315, dismissing petitioner's special civil action of certiorari for failure to file a
prior motion for reconsideration, and the May 7, 2004 2(2) Resolution denying the
motion for reconsideration. ITcCSA

Petitioner Albino Josef was the defendant in Civil Case No. 95-110-MK,
which is a case for collection of sum of money filed by herein respondent Otelio
Santos, who claimed that petitioner failed to pay the shoe materials which he bought
on credit from respondent on various dates in 1994.

After trial, the Regional Trial Court of Marikina City, Branch 272, found
petitioner liable to respondent in the amount of P404,836.50 with interest at 12% per
annum reckoned from January 9, 1995 until full payment. 3(3)

Petitioner appealed 4(4) to the Court of Appeals, which affirmed the trial court's
decision in toto. 5(5) Petitioner filed before this Court a petition for review on
certiorari, but it was dismissed in a Resolution dated February 18, 2002. 6(6) The
Judgment became final and executory on May 21, 2002. AaIDHS

On February 17, 2003, respondent moved for issuance of a writ of execution,
which was opposed by petitioner. 8(8) In an Order dated July 16, 2003, 9(9) the trial
7(7)

court granted the motion, the dispositive portion of which reads, as follows:
Copyright 1994-2017 CD Technologies Asia, Inc. Jurisprudence 1901 to 2017 Second Release 1

N-105280 was sold on October 28. 2003 was issued in his favor. On November 5. WHEREFORE. a real property located at Marikina City and covered by Transfer Certificate of Title (TCT) No. 10(10) A writ of execution was issued on August 20. Respondent emerged as the winning bidder and a Certificate of Sale 12(12) dated November 6. the appellate court denied petitioner's motion for reconsideration. WHETHER OR NOT THE LEVY AND SALE OF THE PERSONAL BELONGINGS OF THE PETITIONER'S CHILDREN AS WELL AS THE ATTACHMENT AND SALE ON PUBLIC AUCTION OF HIS FAMILY HOME TO SATISFY THE JUDGMENT AWARD IN FAVOR OF RESPONDENT IS LEGAL. 2004. 2003 11(11) and enforced on August 21. Petitioner claimed that the personal properties did not belong to him but to his children. Thereafter. Let a writ of execution be issued commanding the Sheriff of this Court to execute the decision dated December 18. aSTHDc II. 2003. ECAaTS On November 17. Thus. as well as for his failure to indicate in his petition the timeliness of its filing as required under the Rules of Court. questioning the sheriff's levy and sale of the abovementioned personal and real properties. the Court of Appeals issued the assailed Resolution dismissing the petition for failure of petitioner to file a motion for reconsideration of the trial court's July 16. Copyright 1994-2017 CD Technologies Asia. the motion for issuance of writ of execution is hereby granted. 2003 by way of public auction to fully satisfy the judgment credit. 2003. petitioner filed an original petition for certiorari with the Court of Appeals. Jurisprudence 1901 to 2017 Second Release 2 . 2003. 1996. 2003. Inc. certain personal properties subject of the writ of execution were auctioned off. premises considered. the instant petition which raises the following issues: I. On May 7. On August 29. WHETHER OR NOT THE DISMISSAL OF THE PETITIONER'S PETITION FOR CERTIORARI BY THE HONORABLE COURT OF APPEALS IS JUSTIFIED UNDER THE CIRCUMSTANCES. acSECT SO ORDERED. 2003 Order granting the motion for execution and ordering the issuance of a writ therefor. and that the real property covered by TCT No. N-105280 was his family home thus exempt from execution.

instead of inquiring into the nature of petitioner's allegations in his opposition. DTAESI Petitioner also argues that the appellate court gravely abused its discretion in dismissing the petition based purely on technical grounds. Petitioner argues that the trial court sheriff erroneously attached.e. The full text of the July 16. and that the personal and real properties were sold for inadequate prices as to shock the conscience. claimed that he was insolvent. Petitioner. petitioner brought to the fore the issue of exemption from execution of his home. The real property was allegedly worth P8 million but was sold for only P848. that the house and lot in which he was residing at the time was his family home thus exempt from execution. which he claimed to be a family home in contemplation of the civil law. argues that petitioner's alleged family home has not been shown to have been judicially or extrajudicially constituted.. 2003 Order provides. the trial court ignored the same and granted respondent's motion for execution. that the household furniture and appliances found therein are likewise exempt from execution. Jurisprudence 1901 to 2017 Second Release 3 . on the other hand. Respondent. that the execution sale was irregular because it was conducted without complying with the notice and posting of requirements. Inc. THEDCA The petition is meritorious. N-105280 because the same is his family home.448. in his opposition to respondent's motion for issuance of a writ of execution. Respondent argues that he is entitled to satisfaction of judgment considering the length of time it took for the parties to litigate and the various remedies petitioner availed of which have delayed the case. that he had no property to answer for the judgment credit. as follows: This resolves the "Motion for the Issuance of Writ of Execution" filed by plaintiff thru counsel and the "Opposition" thereto filed by the defendant on Copyright 1994-2017 CD Technologies Asia. levied and sold on execution the real property covered by TCT No. his failure to file a motion for reconsideration of the trial court's order granting execution. that petitioner has not shown to the court's satisfaction that the personal properties executed upon and sold belonged to his children. as early as during proceedings prior to the issuance of the writ of execution. i. and that these furniture and appliances belonged to his children Jasmin Josef and Jean Josef Isidro. obviously referring to the provisions on family home of the Civil Code — not those of the Family Code which should apply in this case. Thus.64. aCSEcA However. and his failure to indicate in his petition for certiorari the timeliness of filing the same with the Court of Appeals.

constituted over the dwelling place and the land on which it is situated. This is serious error on the part of the trial court. AaEDcS The records show that a decision was rendered by this Court in favor of the plaintiff on December 18. Considering the foregoing. EIaDHS WHEREFORE. SO ORDERED. Determine if petitioner's obligation to respondent falls under either of the exceptions under Article 155 16(16) of the Family Code. 1995 which decision was affirmed by the Court of Appeals on June 26. Where a judgment or judicial order is void it may be said to be a lawless thing. 2001 and by the Supreme Court on February 18. 2. Rule 39 of the Rules of Court. the trial court should have observed the following procedure: 1. which can be treated as an outlaw and slain at sight. 17(17) conduct an ocular inspection of the premises. an interview of members of the Copyright 1994-2017 CD Technologies Asia. an examination of the title. Since it did not. 2002. her own behalf. inalienable and free from attachment. premises considered. or ignored wherever and whenever it exhibits its head. Make an inquiry into the veracity of petitioner's claim that the property was his family home. It cannot be seized by creditors except in certain special cases. this Court received the entire records of the case from the Court of Appeals. the motion for issuance of writ of execution is hereby granted. which confers upon a particular family the right to enjoy such properties. Let a writ of execution be issued commanding the Sheriff of this Court to execute the decision dated December 18. which are material and relevant in the resolution of the motion for issuance of a writ of execution. 1996. Inc. 1. 15(15) Upon being apprised that the property subject of execution allegedly constitutes petitioner's family home. Jurisprudence 1901 to 2017 Second Release 4 . 13(13) The above Order did not resolve nor take into account petitioner's allegations in his Opposition. its July 16. 14(14) The family home is a real right which is gratuitous. it is now the ministerial duty of the Court to issue a writ of execution pursuant to Sec. which must remain with the person constituting it and his heirs. On June 18. 2003. 2003 Order is thus null and void. It should have made an earnest determination of the truth to petitioner's claim that the house and lot in which he and his children resided was their duly constituted family home.

a sacred symbol of family love and repository of cherished memories that last during one's lifetime. community where the alleged family home is located. for the purpose of applying the provisions of Articles 157 21(21) and 160 22(22) of the Family Code. 18(18) b) if petitioner's spouse is still alive. or whether they belonged to petitioner or to someone else. and/or affidavits of proper individuals/parties. 2003. 2003. 25(25) Respondent moved for issuance of a writ of execution on February 17. and likewise a shelter for the fruits of that union. practice or agreement destructive of the family shall be recognized or given effect. the court should determine: a) if the obligation sued upon was contracted or incurred prior to. aIcTCS 3. At the same time. and the writ of execution was issued on August 20. The family home is the dwelling place of a person and his family. order a submission of photographs of the premises. or after. if any. the effectivity of the Family Code. the respondent is given the opportunity to cross-examine and present evidence to the contrary. 24(24) the trial court's failure to observe the proper procedures to determine the veracity of petitioner's allegations. whether the items were exempt from execution or not. as well as if there are other beneficiaries of the family home. If the property is accordingly found to constitute petitioner's family home. 23(23) It is the sanctuary of that union which the law declares and protects as a sacred institution. Copyright 1994-2017 CD Technologies Asia. the trial court did not make an effort to determine the nature of the same. 19(19) c) if the petitioner has more than one residence for the purpose of determining which of them. 2003 while petitioner filed his opposition on June 23. SaDICE The same is true with respect to personal properties levied upon and sold at auction. The protection of the family home is just as necessary in the preservation of the family as a basic social institution. Jurisprudence 1901 to 2017 Second Release 5 . and since no custom. or a solemn examination of the petitioner. Inc. is his family home. 20(20) and ISDCHA d) its actual location and value. The trial court granted the motion on July 16. Despite petitioner's allegations in his Opposition. depositions. 2003. It is where both can seek refuge and strengthen the tie that binds them together and which ultimately forms the moral fabric of our nation. is unjustified. in order to determine if petitioner actually resided within the premises of the claimed family home. his children and other witnesses.

the trial court's inaction on petitioner's plea resulted in serious injustice to the latter. Jurisprudence 1901 to 2017 Second Release 6 . 80315 are REVERSED and SET ASIDE. TIEHSA WHEREFORE. Although we have held in several cases 26(26) that a claim for exemption from execution of the family home should be set up and proved before the sale of the property at public auction. however. Indeed. not to mention that its failure to conduct an inquiry based on the latter's claim bordered on gross ignorance of the law. cADSCT Being void. Clearly. that is. the circumstances of the instant case are different. SP No. and failure to do so would estop the party from later claiming the exemption since the right of exemption is a personal privilege granted to the judgment debtor which must be claimed by the judgment debtor himself at the time of the levy or within a reasonable period thereafter. Inc. 2003 and May 7. Thereupon. The November 17. the respondent should observe the procedure prescribed in Article 160 of the Family Code. are Copyright 1994-2017 CD Technologies Asia. Petitioner claimed exemption from execution of his family home soon after respondent filed the motion for issuance of a writ of execution. as well as petitioner's constitutional right to abode. 2003 Order could not have conferred any right to respondent. on the other hand. the Petition for Review on Certiorari is GRANTED. to obtain an order for the sale on execution of the petitioner's family home. 95-110-MK. considering the gravity of the issue. Indeed.R. the trial court is called to observe the procedure as herein laid out. all procedural infirmities occasioned upon this case must take a back seat to the substantive questions which deserve to be answered in full. The July 16. as well as the writ or writs of execution thus issued in said case. both the trial court and respondent completely ignored petitioner's argument that the properties subject of the writ are exempt from execution. thus giving notice to the trial court and respondent that a property exempt from execution may be in danger of being subjected to levy and sale. the trial court had enough time to conduct the crucial inquiry that would have spared petitioner the trouble of having to seek relief all the way to this Court. involving as it does matters that strike at the very heart of that basic social institution which the State has a constitutional and moral duty to preserve and protect. petitioner's resort to the special civil action of certiorari in the Court of Appeals was belated and without benefit of the requisite motion for reconsideration. 2004 Resolutions of the Court of Appeals in CA-G. Branch 272 in Civil Case No. Any writ of execution based on it is likewise void. Instead. if so. and apply the proceeds — less the maximum amount allowed by law under Article 157 of the Code which should remain with the petitioner for the rebuilding of his family home — to his judgment credit. 2003 Order of the Regional Trial Court of Marikina City. the July 16.

Rollo. Taneo. at 61-62. at 57-58. 64. Id. Court of Appeals. 34-38. concur.R. 1968. aIEDAC 11. and all acts proceeding therefrom and any title obtained by virtue thereof are likewise DECLARED VOID. 16. Jurisprudence 1901 to 2017 Second Release 7 .R. Docketed as CA-G. 4. 56952. Family Code. and if so. 3. 13. or the proceeds thereof. 9. with a view toward determining whether the same is petitioner Albino Josef's family home. p. 304 SCRA 308. ESHAcI 2. 15. in trust to await the outcome of the trial court's inquiry. G. at 72-73. penned by Associate Justice Rodrigo V. ETDHaC Respondent Otelio Santos is hereby DIRECTED to hold the abovementioned real and personal properties. February 26. 10. Footnotes 1. apply the pertinent provisions of the Family Code and Rule 39 of the Rules of Court. pp. at 29-33. Id. JJ. Chua. No. hereby DECLARED VOID. De la Cruz.R. 5. at 56. Cruz and concurred in by Associate Justices Ruben T. 108532. Civil Case No. Id. Finally. the trial court is DIRECTED to resolve.. Barcelona and Alicia L. Id. Rollo. 14. Abbain v. 8. CV No. No. N-105280. 51. 1999. Id. Jr. TAaCED SO ORDERED. 7. Id. at 53-55. penned by Judge Reuben R. 12. Copyright 1994-2017 CD Technologies Asia. Reyes and Noel G. Id. 150720. Inc. Tijam. Tinga. v. Cosico and concurred in by Associate Justices Ramon A. The trial court is hereby DIRECTED (1) to conduct a solemn inquiry into the nature of the real property covered by Transfer Certificate of Title No. at 13. Austria-Martinez. Id. 22 SCRA 748. March 9. *(27) Chico-Nazario and Nachura. and (2) to conduct an inquiry into the ownership of all other properties that were levied upon and sold. 95-110-MK within sixty (60) days from receipt of a copy of this Decision. with utmost dispatch. Santos. DaScHC 6. docketed as G. at 56. penned by Associate Justice Edgardo P. Id. at 50-52. L-24241. Id. with the aim of determining as well whether these properties are exempt from execution under existing law. No.

forced sale or attachment except: (1) For non-payment of taxes. mechanics. 157. Art. 342 Phil. or an unmarried person who is the head of a family. architects. Court of Appeals. ACaTIc Art. Jurisprudence 1901 to 2017 Second Release 8 . or such amounts as may hereafter be fixed by law. (3) For debts secured by mortgages on the premises before or after such constitution. 19. (2) For debts incurred prior to the constitution of the family home. builders. supra note 15. constituted jointly by the husband and the wife or by an unmarried head of a family. is the dwelling house where they and their family reside. 18. a person may constitute. The family home shall be exempt from execution. Art. and DcaECT (4) For debts due to laborers. Family Code. Copyright 1994-2017 CD Technologies Asia. Court of Appeals. Family Code. descendants. Family Code. Family Code.R. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. Art. the amount of Three hundred thousand pesos in urban areas. Taneo v. 162. No. HcaDIA 21. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. For purposes of availing of the benefits of a family home as provided for in this Chapter. aIcCTA Art. ascendants. 155. The beneficiaries of a family home are: (1) The husband and wife. at the time of its constitution. Art. Art. 17. only one family home. The family home. 152. the family home continues to be such and is exempt from execution. Modequillo v. 86355. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. who are living in the family home and who depend upon the head of the family for legal support. or be the beneficiary of. 159. and (2) Their parents. The actual value of the family home shall not exceed. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. and Two hundred thousand pesos in rural areas. materialmen and others who have rendered service or furnished material for the construction of the building. Manacop v. 185 SCRA 766. brothers and sisters. 161. 1990. 735 (1997). Inc. 153. 154. whether the relationship be legitimate or illegitimate. From the time of its constitution and so long as any of its beneficiaries actually resides therein. May 31. and the heirs cannot partition the same unless the court finds compelling reasons therefor. Art. 20. and the land on which it is situated. G. Breva. This rule shall apply regardless of whoever owns the property or constituted the family home.

or other beasts of burden such as the judgment obligor may select necessarily used by him in his ordinary occupation. (c) Three horses. 13. 13. Inc. 160. In any event. and land necessarily used in connection therewith. All others are deemed to be rural areas. Rule 39 of the Rules of Court provide: Sec. employment. Sec. IaEScC (b) Ordinary tools and implements personally used by him in his trade. Family Code. pharmacists. Vol. teachers. 24.). the same rule and procedure shall apply. The excess. Commentaries and Jurisprudence on the Civil Code of the Philippines. I (1990 ed. such as the judgment obligor may select. pp. DaTHAc (f) Provisions for individual or family use sufficient for four months. or three cows. if any. 18-19. and used for that purpose by the judgment obligor and his family. HCATEa At the execution sale. and other professionals. 22. The proceeds shall be applied first to the amount mentioned in Article 157. When a creditor whose claim is not among those mentioned in Article 155 obtains a judgment in his favor. or three carabaos. or by any of the beneficiaries. 508. Tolentino. no bid below the value allowed for a family home shall be considered. clergymen. and no other. or livelihood. urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. dentists. (e) Household furniture and utensils necessary for housekeeping. (d) His necessary clothing and articles for ordinary personal use. 20. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157. Art. 149. excluding jewelry. not exceeding three hundred thousand pesos in value. Copyright 1994-2017 CD Technologies Asia. and then to the liabilities under the judgment and the costs. shall be exempt from execution: (a) The judgment obligor's family home as provided by law. by the owner or owners of the property. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. A. shall be delivered to the judgment debtor. Art. the following property. lawyers. engineers. or the homestead in which he resides. if the value of the currency changes after the adoption of this Code. 23. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. (g) The professional libraries and equipment of judges. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home. Jurisprudence 1901 to 2017 Second Release 9 . of a value not exceeding one hundred thousand pesos. surveyors. physicians. Property exempt from execution. citing Code Commission of 1947. For purposes of this Article. Except as otherwise expressly provided by law. the value most favorable for the constitution of a family home shall be the basis of evaluation. Family Code. p. 25.

R. No. (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood. privileges. (j) Lettered gravestones. aEDCAH (i) So much of the salaries. 1991. Inc. Gomez v. or earnings of the judgment obligor of his personal services within the four months preceding the levy as are necessary for the support of his family. Court of Appeals. G. No. 26. G. November 25. per Special Order No.R. 166333. Honrado v. 2005. Jurisprudence 1901 to 2017 Second Release 10 . Gealone. (k) Monies benefits. wages. (l) The right to receive legal support. 58281. ECSHID (m) Properties specially exempt by law. 2008. Copyright 1994-2017 CD Technologies Asia. 539 dated November 14. or annuities accruing or in any manner growing out of any life insurance. But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. or money or property obtained as such support. CDAHaE * In lieu of Associate Justice Teresita J. November 13. or any pension or gratuity from the Government. 203 SCRA 474. 476 SCRA 280. Leonardo-de Castro.

Rollo.R. penned by Judge Reuben R. at 53-55. 150720.Popup) 6. Cruz and concurred in by Associate Justices Ruben T. CV No. 9 (Popup . Endnotes 1 (Popup .Popup) 2. at 13. penned by Associate Justice Rodrigo V. Id. 64. Rollo. 34-38. Barcelona and Alicia L. at 50-52. Santos.Popup) 8. 8 (Popup .Popup) 1. Reyes and Noel G.Popup) 3. docketed as G. 5 (Popup .R. 3 (Popup . 2 (Popup . Docketed as CA-G.Popup) 7. 7 (Popup .Popup) 4. Jurisprudence 1901 to 2017 Second Release 11 . at 29-33. Cosico and concurred in by Associate Justices Ramon A. 56952. Id. 4 (Popup . pp.Popup) Copyright 1994-2017 CD Technologies Asia. Tijam. 51. p. De la Cruz. penned by Associate Justice Edgardo P. 6 (Popup . Inc. Id. No. at 72-73.Popup) 5. Id. Id.

13 (Popup . Art. materialmen and others who have rendered service or furnished material for the construction of the building. No. Abbain v. builders. No. 14 (Popup . (2) For debts incurred prior to the constitution of the family home.Popup) 12. 16 (Popup .Popup) 14. Chua. 304 SCRA 308. 22 SCRA 748. and (4) For debts due to laborers. 108532. 15 (Popup . Family Code. Id. Inc. 155.Popup) 15. February 26. Taneo.Popup) 10. architects. Court of Appeals. at 56. at 56.R.Popup) 11. The family home shall be exempt from execution. (3) For debts secured by mortgages on the premises before or after such constitution. G. forced sale or attachment except: (1) For non-payment of taxes. v. Id. Id. 9. mechanics. 11 (Popup . March 9. Id. L-24241. 10 (Popup . at 57-58. Id.Popup) 16. Jurisprudence 1901 to 2017 Second Release 12 . 1968. 12 (Popup . Copyright 1994-2017 CD Technologies Asia. 1999. at 61-62.Popup) 13. Jr.

Jurisprudence 1901 to 2017 Second Release 13 .Popup) 17. Manacop v. 159. supra note 15. 19 (Popup . brothers and sisters. 152. Court of Appeals.R. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. No. the family home continues to be such and is exempt from execution. 86355. Modequillo v. 162. 17 (Popup . who are living in the family home and who depend upon the head of the family for legal support. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. or be the beneficiary of. Family Code. May 31. From the time of its constitution and so long as any of its beneficiaries actually resides therein. Family Code. 735 (1997). or an unmarried person who is the head of a family. 20 (Popup . constituted jointly by the husband and the wife or by an unmarried head of a family. and (2) Their parents. The family home.Popup) 18. Court of Appeals. Copyright 1994-2017 CD Technologies Asia. 18 (Popup . Art. and the land on which it is situated. Art. descendants. 161. 153. For purposes of availing of the benefits of a family home as provided for in this Chapter. only one family home. This rule shall apply regardless of whoever owns the property or constituted the family home. Family Code. 1990. 185 SCRA 766. is the dwelling house where they and their family reside. ascendants. Art. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. Art. Breva. Taneo v. 342 Phil.Popup) 20. The beneficiaries of a family home are: (1) The husband and wife. a person may constitute. 154. Inc.Popup) 19. whether the relationship be legitimate or illegitimate. and the heirs cannot partition the same unless the court finds compelling reasons therefor. Art. G. Art.

Popup) 23. or such amounts as may hereafter be fixed by law. Vol. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157.Popup) 22. Inc. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. p. the amount of Three hundred thousand pesos in urban areas. the same rule and procedure shall apply. The actual value of the family home shall not exceed. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. I (1990 ed. or by any of the beneficiaries. if the value of the currency changes after the adoption of this Code. A. urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. pp. 23 (Popup . and Two hundred thousand pesos in rural areas. Family Code. Art. the value most favorable for the constitution of a family home shall be the basis of evaluation. no bid below the value allowed for a family home shall be considered. Tolentino. At the execution sale. 160. citing Code Commission of 1947. 24 (Popup . shall be delivered to the judgment debtor. at the time of its constitution. 21 (Popup . 157. 20. 508.). When a creditor whose claim is not among those mentioned in Article 155 obtains a judgment in his favor. The excess.Popup) 21. Family Code.Popup) Copyright 1994-2017 CD Technologies Asia. For purposes of this Article. Jurisprudence 1901 to 2017 Second Release 14 . Art. All others are deemed to be rural areas. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home. if any. 22 (Popup . In any event. by the owner or owners of the property. 18-19. Commentaries and Jurisprudence on the Civil Code of the Philippines. and then to the liabilities under the judgment and the costs. The proceeds shall be applied first to the amount mentioned in Article 157.

such as the judgment obligor may select. or three carabaos. (d) His necessary clothing and articles for ordinary personal use. G. Rule 39 of the Rules of Court provide: Sec. engineers. privileges. the following property. (c) Three horses.Popup) 26. (j) Lettered gravestones. and used for that purpose by the judgment obligor and his family. 24. (e) Household furniture and utensils necessary for housekeeping. of a value not exceeding one hundred thousand pesos. Sec. Art.Popup) 25. employment. wages. physicians. teachers. (f) Provisions for individual or family use sufficient for four months. 13. or annuities accruing or in any manner growing out of any life insurance. lawyers. and other professionals. 25 (Popup . Jurisprudence 1901 to 2017 Second Release 15 . 166333. or money or property obtained as such support. 26 (Popup . (k) Monies benefits. clergymen. 149. (i) So much of the salaries. or earnings of the judgment obligor of his personal services within the four months preceding the levy as are necessary for the support of his family. surveyors. Court of Appeals. or other beasts of burden such as the judgment obligor may select necessarily used by him in his ordinary occupation. November 25. Property exempt from execution. 13. or any pension or gratuity from the Government. Honrado v. (l) The right to receive legal support. pharmacists. But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. or three cows. dentists. and no other. 2005. (b) Ordinary tools and implements personally used by him in his trade. Copyright 1994-2017 CD Technologies Asia. not exceeding three hundred thousand pesos in value. or the homestead in which he resides. or livelihood. (m) Properties specially exempt by law. Family Code. 476 SCRA 280. (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood. and land necessarily used in connection therewith. No. (g) The professional libraries and equipment of judges. shall be exempt from execution: (a) The judgment obligor's family home as provided by law.R. excluding jewelry. Except as otherwise expressly provided by law. Inc.

R.Popup) * In lieu of Associate Justice Teresita J. 203 SCRA 474. 2008. 58281. per Special Order No. No. Inc. G. 539 dated November 14. Gomez v. Leonardo-De Castro. 1991. Gealone. November 13. Jurisprudence 1901 to 2017 Second Release 16 . Copyright 1994-2017 CD Technologies Asia. 27 (Popup .