Contributor: Torres, Cates

THIRD DIVISION
[ G.R. 177703, 28 January 2008 ]
ARRIOLA vs. ARRIOLA
DECISION
Austria-Martinez, J.:
Doctrine:
A claim of status as heir of a decedent must always be substantially supported
by evidence as required under our law. The resolution of a case, in this instance, an
action for annulment of title and reconveyance of real property, cannot be further
stalled and waylaid by a mere assertion of a party of ostensible conflicting claims of
heirship of the common decedent. Not all rights to property and incidents thereof,
such as titling, ought to be preceded by a declaration of heirship, albeit supposedly
traced to a single decedent and original titleholder.
Question:
X died, leaving A, his son from the first marriage, and B, his second wife, and C,
their child. The RTC rendered a decision ordering the partition of land left by the
decedent among his heirs in equal shares of one-third each. A, sans partition,
proposed to sell the lot through a public auction. B and C initially agreed but then
prayed that the house placed on the land not be included since they have lived in it for
more than 20 years.
Can we consider the house as a family home?
Suggested Answer:
Yes. The subject house is a family home that it cannot be sold through public
auction.
Based on Article 152, the Family Home, constituted jointly by the husband and
wife or an unmarried head of the 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 beneficiaries actually reside therein, the family home continues to be such and
Contributor: Torres, Cates

is exempt from execution, forced sale, or attachment except as hereinafter provided

and to the extent of the value allowed by law.
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 a compelling reason.
Applying these concepts, the subject house, as well as the specific portion of the
subject land on which it stands, is deemed constituted as a family home by the
deceased and the petitioner Vilma from the moment that began occupying the same as
a family residence 20 years back. Therefore the house cannot be forced to sell by the
respondent because the family home is exempt from such sale.