Civil Code: Persons, Family, and Relations Felicitas L.
Felicitas L. Salazar v Remedios Felias on her own behalf and representation of the other
Topic: Family Code of the Philippines: The Family Home
Relevant Article/s: Article 152 of the Family Code
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.
(223a)
Article 153 of the Family Code
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. (223a)
Article 155 of the Family Code
The family home shall be exempt from execution, forced sale, or attachment except:
(1) For nonpayment 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, material men, and others who have
rendered service or furnished material for the construction of the building. (243a)
Article 162 of the Family Code
The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)
HEIRS OF CATALINO NIVERA
G.R. No. 213972, February 5, 2018
Ponente: Justice Reyes
Facts:
 On February 28, 1990, private respondent Remedios Felias, representing the heirs of
Catalino Nivera (Heirs of Nivera) filed a Complaint for Recovery of Ownership,
Possession and Damages against the Spouses Romualdo Lastimosa (Romualdo)
and Felisa Lastimosa (Felisa). The former sought to recover from the latter four
parcels of land located in Baruan, Agno, Pangasinan (subject property).
 On March 3, 1997, during the trial of the case, Romualdo died.
 Consequently, on July 6, 1998, a Motion for Substitution was filed by the decedent's
wife, Felisa, and their children Flordeliza Sagun, Reynaldo Lastimosa, Recto
Lastimosa (Recto), Rizalina Ramirez (Rizalina), Lily Lastimosa, and Avelino
Lastimosa (Heirs of Lastimosa).
 On March 16, 2004, the RTC Branch 55 rendered a Decision, declaring the Heirs of
Nivea as the absolute owners of the parcels of land in question, and thereby ordering
the Heirs of Lastimosa to vacate the lands and to surrender possession thereof. The
Heirs of Lastimosa did not file an appeal against the trial court's ruling.
 Felicitas Salazar (Felicitas), daughter of Romualdo, along with Recto and Rizalina
filed a Petition for Annulment of Judgment dated June 22, 2006 with the CA. Felicitas
sought the nullification of the RTC Branch 55's Decision dated March 16, 2004, and
the corresponding Writs of Execution and Demolition issued pursuant thereto. In her
Petition for Annulment of Judgment, Felicitas claimed that she was deprived of due
process when she was not impleaded in the case for Recovery of Ownership, before
the RTC Branch 55. The CA dismissed the petition and was affirmed by the SC.
 The heirs of Lastimosa filed a Motion to order the sheriff to desist from making the
demolition. At the same time, the heirs of Nivera filed a Motion for execution and
demolition. RTC granted the latter. On appeal, the CA sustained the RTC’s decision.
Hence, this Petition.
  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
Issue:
areas.
Whether or not the subject property is Felicita’s family home  The residence in the family home must be actual. Article 153 of the Family
Code explicitly mandates that the occupancy of the family home, either by
Ruling/s: the owner thereof, or by any of its beneficiaries must be actual. This
 NO occupancy must be real, or actually existing, as opposed to something
 Family Home is defined under Article 152 of the FC as the dwelling house where the merely possible, or that which is merely presumptive or constructive.
husband and the wife, or by an unmarried head of a family, and their family reside, Based on the foregoing, it becomes all too apparent that Felicitas cannot conveniently
and the land on which it is situated. Pursuant to Article 153, the family home is claim that the subject property is her family home, sans sufficient evidence proving
deemed constituted on a house and lot from the time it is occupied as a family her allegation. It bears emphasis that it is imperative that her claim must be backed
residence. From the time of its constitution and so long as any of its beneficiaries with evidence showing that the subject family home indeed was covered by the rules
actually resides therein, the family home continues to be such and is exempt from previously enumerated. The petitioner adduced no proof to substantiate her claim that
execution, forced sale, or attachment except as hereinafter provided and to the extent the property sought to be executed is indeed her family home.
of the value allowed by law. Therefore, the Court, speaking thru Justice Reyes, ruled that the subject property is not
 In this case, there is no dispute that in as early as 2004, the RTC rendered a Decision Felicita’s family home. The petition is denied.
in the case for Recovery of Ownership, Possession and Damages, ordering the Heirs
of Lastimosa to vacate the subject properties and surrender them to the Heirs of
Nivera. Thus, it had become final and executory which triggered the issuance of the
Writ of Execution and Demolition. In Ramos v Pangilinan (G.R. No. 185920, July 20,
2010), the Court citing Kelley, Jr. v. Planters Products, Inc. (G.R. No. 172263, July 9,
2008), laid down the rules relative to the levy on execution of the family home:
 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.