DE MESA V.

ACERO
G.R. No. 185064, [January 16, 2012]

FACTS:
Araceli De Mesa is married to Ernesto De Mesa. They purchased a parcel of land located in
Meycauayan, Bulacan. A house was contracted in the said property, which became their family home.
A year after, Arceli contracted a loan in the amount of P100,000 from Claudio Acero, which was
secured by a mortgage on the said parcel of land and house. Araceli issued a check for the payment of
the loan. When Acero presented the check to the bank it was dishonored because the checking account
was already closed. Acero demanded payment. However, Spouses De Mesa still failed to pay. Acero
filed a complaint for violation of B.P. 22 in the RTC. The RTC acquitted the Spouses but ordered
them to pay Acero P100,000 plus legal interest. A writ of execution was issued to levy on the said
property. The house and lot was sold in the public auction and Acero was the highest bidder. Acero
leased the property to Juanito Oliva, who defaulted payment for several years. Oliva contends that the
Acero spouses are not the owners of the property. The MTC rendered a Decision, giving due course
to Spouses Aceros complaint and ordering the Spouses De Mesa and Oliva to vacate the subject
property. Spouses De Mesa contend that they are the rightful owners of the property. The MTC also
stated that from the time a Torrens title over the subject property was issued in Claudios name up to
the time the complaint for ejectment was filed, the petitioners never assailed the validity of the levy
made by the Sheriff, the regularity of the public sale that was conducted thereafter and the legitimacy
of Aceros Torrens title that was resultantly issued. Spouses De Mesa filed an action to nullify the TCT
issued to Acero. Spouses De Mesa contend that the subject property is a family home, which is exempt
from execution under the Family Code and, thus, could not have been validly levied upon for purposes
of satisfying the writ of execution. RTC dismissed the complaint. CA affirmed RTCs decision.
ISSUE:
Whether or not the subject property, as a family home, may be subject to execution in this case.
HELD:
YES, the subject property is family home but is subject to execution. In general, the family home is
exempt from execution. However, the person claiming this privilege must assert it at the time it was
levied or within a reasonable time thereafter.