10:35 AM FriNov 20 VY Persons and Family Relations case digests s BT Ss = ca Tt > # fF & Florante Manacop vs CA ; GAR. No, 104875 November 13, 1992 FLORANTE F, MANACOP, petitioner, (COURT OF APPEALS and FF. CRUZ & CO, ING., respondents MELO, J: Following the dismissal of his peton for cartora in C.A-G.R. SP No, 23651 by the Thitsenth Division of respondent Court (Justice ‘Buena (P), Gonzaga-Reyes and Abad Santos, J, JJ; Page 60, Rollo), pettoner ais his concem over the propriety thereof by claiming In the pattion at hand that tho eispeston, in pracical effec, alows a wr of preliminary attachmant issued by the court of ergin against his corporation fo be implemented on his family home which is ordinarily exempt rom the mesne process, Statement of Facts: TIMELINE: 1972 Residential house and lot in Quezon City was occupied by Florante Manacop, President of Manacop Construction Co) Florante Manacop failed to pay sub-contract cost to FF Cruz Nov 25, 1987 Debt was incurred by Manacop from FF Cruz ‘August 3, 1988 Efectivty of the Family Code withthe Chapter on "Family Home" Tle V "The Famiy” Issue/s: _|Sunstantive: WIN the alleged Family Home is exempted from attachment in favor of erocitor FF Cruz (Procedural Note:The fist two Omnibus Motion grounds ara procedural) [The residental house and ot was already occupied by Manacop before the Farrly Code. It became a "Famaly Home” by operation of law under Aricle 162 ofthe Family Code. However, Art 162 does net stae that Chapter 2 Tile Von Family Home has a retroactive lft. t simply mean tha al exting famiy residnces atthe time the Family Code took fect, are are prospectively ented tothe Ruling: _[Penefis, Since the debt was incarred in 1987 prior othe effectivity ofthe Famsly Code, he Family Home cannot be exempt rom tullng: _/atiachment, Art 155 par 2 excludes debis incurred prior tothe constitution ofthe family home. (Procedural Note regarding motion 1: Absence of affidavit was acceptable in jurisprudence Nasser vs CA) (Aficie 155 of the Family Code also provides as folows: Ar. 165. The family home shall be exemp rom execalion, forced sale or [tachment except: (1) For non-payment of taxes; (2) For debs incurred prior to the consttion ofthe family home; (3) For debts ‘secured by mortgages on the premises before or after such constitution; and (4) For debe due to laborers, mechanics, architect builders, materaimen and others who have rendered service forthe construction of the builtin, 'At. 162 ofthe Family Code: The provisions inthis Chapter shall also gover existing family residences insofar as said provisions are applicable. ‘Omnibus motion rule under Section 8, Rule 15 ofthe Revised Rules of Court, thus: A mation attacking a pleading or a proceeding shall include all objections then available, and all objections not so included shall be deemed waived Relevant laws, Existing Jurisprudence is Mondaqullo vs Brava: the SC stated that "Under Article 162 ofthe Family Code, itis provided thatthe |povisions of his Chapter shall also govern existing family residences insofar as said provisions are applicable." I does not mean tha /Aticies 152 and 153 of said Code have a reoactive effect such that all existing family residences are deemed to have been constituted as family homes atthe time of heir occupation prior othe effectivity ofthe Family Code and are exempt from execution fo the payment! lf obligations incurred before the effectviy of the Family Code. Aricie 162 simply means tha ll existing famly residences atthe time lf tho effectivity of the Family Code, are considered family homes and are prospectively entitled to the benefits accorded to a family, ics bacon fise Chami-iotie itil 1 90 sen acikataba‘Teel tie anieicoss cites hink.2, Tile SA tenon a nalciectien willoo |