Chapter 1: The Family as an Institution

TITLE V: THE FAMILY

Chapter 1: The Family as an Institution

Article 149: The family, being the foundation of the nation, is a basic social institution which public
policy cherishes and protects. Consequently, family relations are governed by law and no
custom, practice or agreement destructive of the family shall be recognized or given
effect.

Consolidation of Articles 216 and 218 of the Civil Code

- Provides solidarity for the family as recognized by Sec 12 Art 2 Constitution:

o The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents
in the rearing of the youth for civic efficiency and the development of moral character
shall receive the support of the Government.
- Further supported by Secs 1-4 Art 15 Constitution
o Sec 1: The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development
o Sec 2: Marriage, as an inviolable social institution, is the foundation of the family and shall
be protected by the State
o Sec 3: The State shall defend:
 The right of spouses to form a family in accordance with their religious convictions
and the demands of responsible parenthood
 The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development
 The right of the family to a family living wage and income; and
 The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them
o Sec 4: The family has the duty to take care of its elderly members, but the State may also
do so through just programs of social security
- The family is expressly stated to be a foundation of the nation
o A basic institution
- No custom, practice, or agreement destructive of the family is recognized or given effect
o Courts always tend to uphold the validity of marriage
o Courts must protect marriage as much as possible
Chapter 1: The Family as an Institution

Article 150: Family relations include those:

1. Between husband and wife

2. Between parents and children
3. Among other ascendants and descendants; and
4. Among brothers and sisters, whether of the full or half-blood.

Article 151: No suit between members of the same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such efforts were in fact made,
the case may be dismissed.

This rule shall not apply to cases which may not be the subject of compromise under the
Civil Code.

Interpreting Article 150

- “Members of the family” must be construed in relation to Art 150 FC; they are:
o Husband and wife
o Parents and children
o Ascendants and descendants
o Brothers and sisters; full or half-blood
- April Martinez v. Rodolfo Martinez (2005)
o There’s a requirement of allegation of prior recourse to compromise between immediate
members of family
o Brothers/sisters-in-law are not immediate members of the family
 Gaudencio Guerrero v. RTC (1994)

Interpreting Article 151

- Must be construed strictly

- General rule:
o Family members can’t sue each other
o Unless they have alleged a prior recourse to compromise and that compromise has failed
 Compromise as an attempt in reconciliation
- Exception:
o Doesn’t apply to cases which may not be the subject of compromise under the Civil Code
- April Martinez v. Rodolfo Martinez (2005)
o Allegations that compromise was attempted aren’t required for those who aren’t
immediate family members
 Gaudencio Guerrero v. RTC (1994)
o Every effort must be made towards a compromise between immediate family members
 Family members resorting to suing each other to solve problems is unhealthy for
the family
 It breeds bitterness and hate between family members
- Articles 150 and 151 don’t apply to strangers (strictly for family only)
Chapter 2: The Family Home

Chapter 2: The Family Home

Article 152: The family home, 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, and the land
on which it is situated.

Article 153: The family home is deemed constituted on a house and lot from the time it is occupied as
a family residence. From the time of its constitution and so long as any of its beneficiaries
actually resides therein, the family home continues to be such and is exempt from
execution, forced sale or attachment except as hereinafter provided and to the extent of
the value allowed by law

Article 154: The beneficiaries of a family home are:

1. The husband and wife, or an unmarried person who is the head of a family; and
2. Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for legal support

Article 155: The family home shall be exempt from execution, forced sale or attachment except:

1. For non-payment of taxes;

2. For debts incurred prior to the constitution of the family home;
3. For debts secured by mortgages on the premises before or after such constitution;
and
4. For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the building.

The Family Home

- Family Home defined:

o Dwelling where the family resides and the land on which it is situated (Art 152)
o Once the home is occupied by the family as a residence, it’s considered a family home
(Art 153)
- Beneficiaries of a family home as provided by Art 154
o Husband and wife
o Unmarried head of a family
 And their:
 Parents
 Ascendants/descendants
 Legitimate/illegitimate siblings
Chapter 2: The Family Home

- General rule:
o The family must reside in the house for it to be a family home (Art 152)
 E.g. If there is a house owned by a married couple with children, but don’t live in
it and they mainly use it as a bodega/store, then it’s not a family home
 Even if they stay in the house every now and then, it’s still not a family
home as they must use the house as actual residence
o The moment a house becomes a family home, it’s exempt from execution, forced sale, or
attachment (Art 153)
- Exception to Art 153 as provided by Art 155:
o Non-payment of taxes
o Debts incurred prior to the constitution of the family home Marrietta Case
 Liabilities incurred prior to the constitution of the family home may be paid with
the family home even before the effectivity of the Family Code
o Debts secured by mortgages on the premises before or after such constitution
o Debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building
- A family home may be constituted jointly by husband and wife, or by an unmarried head of a
family.
o Antonio Valdez v. RTC (1996)
 Provisions of Title V Chap 2 FC remain in force/effect regardless of the property
regime of the spouses
- A person may only have one family home (Art 161)
- When House & Lot cannot be Considered Family Home; One Occupied by Overseer
o Manacop v. CA (1977)
 The occupancy of a house by an overseer or family maid isn’t enough to constitute
a family home
Chapter 2: The Family Home

Article 156: The family home must be part of the properties of the absolute community or the
conjugal partnership, or of the exclusive properties of either spouse with the latter’s
consent. It may also be constituted by an unmarried head of a family on his or her own
property.

Nevertheless, property that is the subject of a conditional sale on installments where

ownership is reserved by the vendor only to guarantee payment of the purchase price
may be constituted as a family home.

Family Home as Property

- Family home must be part of a property regime

o Absolute community of properties
o Conjugal partnership of gains
o Separation of properties
 If the spouse consents to the other exclusively owning the family home
 If under an unmarried head of a family, it is also exclusive
- Sample situation:
o A and B are married with five children. They constructed a house on a lot which they
bought after their marriage. The family home is a part of their absolute community or
conjugal partnership.
- Sample Situation 2:
o If the lot belongs exclusively to A, he may even construct a house on it from his exclusive
money, and that is his exclusive property; yet, it is still a family home.
Chapter 2: The Family Home

Article 157: The actual value of the family home shall not exceed, at the time of its constitution, the
amount of three hundred thousand pesos in urban areas, and two hundred thousand
pesos in rural areas, or such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the
value most favorable for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered cities and
municipalities whose annual income at least equals that legally required for chartered
cities. All others are deemed to be rural areas.

Article 158: The family home may be sold, alienated, donated, assigned or encumbered by the owner
or owners thereof with the written consent of the person constituting the same, the
latter’s spouse, and a majority of the beneficiaries of legal age. In case of conflict, the
court shall decide.

Article 159: 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, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.

Value of the Family Home (Art 157)

- Values prescribed during the time of enactment of the family code:

o Urban areas: Php 300,000
o Rural areas: Php 200,000
- Art 157(2) recognizes that values may change

Selling, Encumbering, Donating and Other Actions Regarding the Family Home (Art 158)

- The family home can be the object of a contract, like sale, assignment or donation
o It can be encumbered as it can be used to secure the payment of an obligation
- Requires the written consent of:
o The person constituting it, or the spouse
o Majority of the beneficiaries of legal age
- In case of conflict, the court shall decide

Lifetime of the Family Home (Art 159)

- Family home remains intact even in the death of the married couple or of the unmarried head of
a family
o For a maximum of 10 years
o Or as long as there is a minor beneficiary still residing
- Heirs cannot partition the family home
o Unless the court finds a compelling reason to allow it
Chapter 2: The Family Home

Article 160: When a creditor whose claim is not among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable grounds to believe that the family home is
actually worth more than the maximum amount fixed in Article 157, he may apply to the
court which rendered the judgment for an order directing the sale of the property under
execution. 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. 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, by the owner or owners of the property, or by any of the beneficiaries,
the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be
considered. The proceeds shall be applied first to the amount mentioned in Article 157,
and then to the liabilities under the judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor.

When a Person has a Claim against the Owners of the Family Home; not Under Art 155

- If one obtains a judgement with evidence that the value of the Family home exceeds the limits of
Art 157, they can file a motion for leave that the family home of the debtor be sold
o At the execution sale, no bid below the amounts shall be allowed
- Proceeds of the sale are applied to in order:
o The value of the family home
o The debt and costs
o Excess in the sale are given to the owner
- Sample situation:

A filed a suit against B and C, the owners of a family home. Judgment was rendered for
P1,000,000.00.

Knowing that the family home is worth more than P300,000.00, he moved that the same be
sold on execution which was granted. It was sold for P1,500,000.00. The proceeds shall be
distributed as follows:

1. P300,000.00, which is the value of the family home, under the law, to be
delivered first to B and C;
2. P1,000,000.00 to be delivered to A
3. P200,000.00, which is the excess, to be delivered to B and C.
Chapter 2: The Family Home

Article 161: For purposes of availing of the benefits of a family home as provided for in this Chapter,
a person may constitute, or be the beneficiary of, only one family home.

Article 162: The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable.

Entitlement of a Family Home

- A person may only have one family home

- If a person owns multiple houses and lots
o They are not entitled to the same privileges, under 153, as the family home

“Retroactivity” in Art 162

- If family homes were not constituted as such in accordance with the Civil Code and the Rules of
Court, all existing family residences upon the effectivity of the Family Code are constituted as
such.
o All existing family residences shall be constituted as family home with the exemptions
provided for by the law.
o Modequillo v. Breva
- The exemptions do not prejudice vested rights
o The privileges that a family home has only operates upon the effectivity of the Family
Code