Civil Code: Persons, Family, and Relations
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)
Florante F. Manacop v Court of Appeals and F.F. Cruz & Co. Inc.
G.R. No. 104875, 277 SCRA 57, November 13, 1992
Ponente: Justice Melo
Facts:
 In July 1989, Respondent F.F. Cruz & Co. Inc. filed a complaint for a sum of money
with a prayer for preliminary attachment against Manacop Construction Co. The
reason for such filing was owing to the failure to pay the sub-contract cost pursuant to
a deed of assignment signed between the petitioner's corporation and the private
respondent herein.
 In August 1989, the corresponding writ for the provisional remedy was issued which
triggered the attachment of a parcel of land in Quezon City owned by Manacop
Construction President Florante F. Manacop, herein petitioner.
 Also in August 1989, the respondent filed an amended complaint. It substituted the
name of the defendant with FLORANTE F. MANACOP, instead of Manacop
Construction Co. thus, piercing the veil of corporate fiction. Motions for issuance of
summons followed.
 In November 1989, the petitioner filed his answer to the amended complaint.
 In September 1990, the petitioner filed an Omnibus Motion grounded on (1)
irregularity that attended the issuance of the disputed writ in spite of the absence of
an affidavit, therefore; (2) the feasibility of utilizing the writ prior to his submission as
party-defendant, and (3) exemption from the attachment of his family home.
Hence, this Petition.
Issue:
Whether or not the Family Home is exempted from attachment in favor of the creditor-
private respondent, F.F. Cruz & Co. Inc.
Ruling/s:
 NO
 Family Home is defined under Article 152 of the FC as the dwelling house where the
husband and the wife, or by an unmarried head of a family, and their family reside,
and the land on which it is situated. Pursuant to Article 153, a house and lot are
deemed constituted a Family Home from the time it is occupied as a family residence.
Thus, the same shall be exempted from execution, forced sale, or attachment except
for circumstances in Article 155 of the Family Code. The said provisions are deemed
prospective in its application pursuant to Article 162 of the said Code.
 In this case, the petitioner is one of the beliefs that his abode at Quezon City since
1972 is a family home within the purview of the Family Code and therefore should not
have been subjected to the vexatious writ pursuant to Article 155(2). With this
contention that although the residential house and lot of the petitioner were
constituted as a family home whether judicially or extrajudicially under the Civil Code,
and has become a family home by operation of law under Article 153 of the Family
Code, the Court did not take it well. Under Article 162 of the Family Code, it is
provided that "the provisions of this Chapter shall also govern existing family
residences insofar as said provisions are applicable." It means that all existing family
residences at the time of the effectivity of the Family Code, are considered family
homes and are prospectively entitled to the benefits accorded to a family home under
the Family Code. Article 162 does not state that the provisions of Chapter 2, Title V
have a retroactive effect xxx such that all existing family residences are deemed to
have been constituted as family homes at the time of their occupation prior to the
effectivity of the Family Code and are exempt from execution for the payment of
obligations incurred before the effectivity of the Family Code.
Therefore, the Court, speaking thru Justice Melo, the Family Home is not exempted from
attachment in favor of the creditor-private respondent, F.F. Cruz & Co. Inc., hereby,
denying the petition.