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It has been said that the family home is a real right that is gratuitous,

inalienable and free from attachment. The great controlling purpose and policy of
the Constitution is the protection or the preservation of the homestead - the
dwelling place. A houseless, homeless population is a burden upon the energy,
industry, and morals of the community to which it belongs. No greater calamity, not
tainted with crime, can befall a family than to be expelled from the roof under
which it has been gathered and sheltered. The family home cannot be seized by
creditors except in special cases. - G.R. No. 186322, July 8, 2015

No doubt, a family home is generally exempt from execution provided it was duly
constituted as such. There must be proof that the alleged family home was
constituted jointly by the husband and wife or by an unmarried head of a family. It
must be the house where they and their family actually reside and the lot on which
it is situated. 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, or on the property of the unmarried head of the
family. The actual value of the family home shall not exceed, at the time of its
constitution, the amount of ?300,000 in urban areas and ?200,000 in rural areas. -
G.R. No. 185920, July 20, 2010

The family home as defined by the said article can not be split in such a way that
part of it, albeit undivided, is owned by a non-beneficiary. To allow this would be
to diminish the family home which can be used and enjoyed by those entitled thereto
under the law. This is so because whoever buys the undivided portion belonging to
one of the owners, as in this case, can demand an equal exercise of the right of
co-ownership from the other beneficiaries thereof. To the extent that such demand
can be made effective, the full enjoyment of the property by the beneficiaries
thereof will be correspondingly diminished. The court believes that when the Family
Code allows the constitution of a family home, it does so with the idea that the
beneficiaries thereof can have untrammelled use and enjoyment thereof; hence, the
express prohibition to levy on such property. - G.R. No. 132537 October 14, 2005

For the family home to be exempt from execution, distinction must be made as to
what law applies based on when it was constituted and what requirements must be
complied with by the judgment debtor or his successors claiming such privilege.
Hence, two sets of rules are applicable. - G.R. No. 185064, January 16, 2012

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