February 1, 2022

Mr. SAM CAMPOS

RD Compound, Brgy. Dawis,
Digos City, Davao del Sur
Dear Mr. Sam,
Good day! This legal opinion is written as response to your query concerning the sale of
your family home.
The following are the facts presented as per our discussion. Your parents Dawn and
Richard died in a plane crash, leaving no will. Following their death, you and your
siblings Piolo, Jericho, Daniel, and Mikael, acquired a commercial lot and the family
home. All of you are of legal age except for Mikael who is only 15 years old. You all
agreed and wanted to sell the family home to Wilma who is interested to buy it.
Under the Philippine laws, as expressly provided in Article 159 of the Family Code, 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 as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.
Applying the said law in this case, upon the death of your parents, you and your
siblings owned their estate in common subject to the payment of their debts. As a rule,
any of the co-owners may demand for partition of the property at any time. However,
as provided in the above provision, so long as there is a minor beneficiary actually
residing in the family home or if there is no minor beneficiary, so long as a beneficiary
of legal age actually resides therein, the family home continues to be as such for a
period of ten years from the death of one or both spouses or of the unmarried head of
the family. Thus, the heirs are prohibited from partitioning the family home unless the
court finds compelling reasons therefore.
Based on the foregoing, unless there be compelling reasons that can be presented
before the court to justify the sale of the family home, we recommend that for the
meantime you cease from selling the family home until the lapse of ten years.
We trust that you find the foregoing helpful, should you require our further assistance,
please do not hesitate to let us know.
Very Truly yours,
February 1, 2022
Mr. SAM CAMPOS
RD Compound, Brgy. Dawis,
Digos City, Davao del Sur
Dear Mr. Sam,
Good day! This legal opinion is written as response to your query concerning the sale of
your family home.
The following are the facts presented as per our discussion. Your parents Dawn and
Richard died in a plane crash, leaving no will. Following their death, you and your
siblings Piolo, Jericho, Daniel, and Mikael, acquired a commercial lot and the family
home. All of you are of legal age except for Mikael who is only 15 years old. You all
agreed and wanted to sell the family home to Wilma who is interested to buy it.
Under the Philippine laws, as expressly provided in Article 159 of the Family Code, 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 as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.
Applying the said law in this case, upon the death of your parents, you and your
siblings owned their estate in common subject to the payment of their debts. As a rule,
any of the co-owners may demand for partition of the property at any time. However,
as provided in the above provision, so long as there is a minor beneficiary actually
residing in the family home or if there is no minor beneficiary, so long as a beneficiary
of legal age actually resides therein, the family home continues to be as such for a
period of ten years from the death of one or both spouses or of the unmarried head of
the family. Thus, the heirs are prohibited from partitioning the family home unless the
court finds compelling reasons therefore.
Based on the foregoing, unless there be compelling reasons that can be presented
before the court to justify the sale of the family home, we recommend that for the
meantime you cease from selling the family home until the lapse of ten years.
We trust that you find the foregoing helpful, should you require our further assistance,
please do not hesitate to let us know.
Very Truly yours,
February 1, 2022
Mr. SAM CAMPOS
RD Compound, Brgy. Dawis,
Digos City, Davao del Sur
Dear Mr. Sam,
Good day! This legal opinion is written as response to your query concerning the sale of
your family home.
The following are the facts presented as per our discussion. Your parents Dawn and
Richard died in a plane crash, leaving no will. Following their death, you and your
siblings Piolo, Jericho, Daniel, and Mikael, acquired a commercial lot and the family
home. All of you are of legal age except for Mikael who is only 15 years old. You all
agreed and wanted to sell the family home to Wilma who is interested to buy it.
Under the Philippine laws, as expressly provided in Article 159 of the Family Code, 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 as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.
Applying the said law in this case, upon the death of your parents, you and your
siblings owned their estate in common subject to the payment of their debts. As a rule,
any of the co-owners may demand for partition of the property at any time. However,
as provided in the above provision, so long as there is a minor beneficiary actually
residing in the family home or if there is no minor beneficiary, so long as a beneficiary
of legal age actually resides therein, the family home continues to be as such for a
period of ten years from the death of one or both spouses or of the unmarried head of
the family. Thus, the heirs are prohibited from partitioning the family home unless the
court finds compelling reasons therefore.
Based on the foregoing, unless there be compelling reasons that can be presented
before the court to justify the sale of the family home, we recommend that for the
meantime you cease from selling the family home until the lapse of ten years.
We trust that you find the foregoing helpful, should you require our further assistance,
please do not hesitate to let us know.
Very Truly yours,
February 1, 2022
Mr. SAM CAMPOS
RD Compound, Brgy. Dawis,
Digos City, Davao del Sur
Dear Mr. Sam,
Good day! This legal opinion is written as response to your query concerning the sale of
your family home.
The following are the facts presented as per our discussion. Your parents Dawn and
Richard died in a plane crash, leaving no will. Following their death, you and your
siblings Piolo, Jericho, Daniel, and Mikael, acquired a commercial lot and the family
home. All of you are of legal age except for Mikael who is only 15 years old. You all
agreed and wanted to sell the family home to Wilma who is interested to buy it.
Under the Philippine laws, as expressly provided in Article 159 of the Family Code, 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 as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.
Applying the said law in this case, upon the death of your parents, you and your
siblings owned their estate in common subject to the payment of their debts. As a rule,
any of the co-owners may demand for partition of the property at any time. However,
as provided in the above provision, so long as there is a minor beneficiary actually
residing in the family home or if there is no minor beneficiary, so long as a beneficiary
of legal age actually resides therein, the family home continues to be as such for a
period of ten years from the death of one or both spouses or of the unmarried head of
the family. Thus, the heirs are prohibited from partitioning the family home unless the
court finds compelling reasons therefore.
Based on the foregoing, unless there be compelling reasons that can be presented
before the court to justify the sale of the family home, we recommend that for the
meantime you cease from selling the family home until the lapse of ten years.
We trust that you find the foregoing helpful, should you require our further assistance,
please do not hesitate to let us know.
April 22, 2023

MR. Mark Tigreal

ABC Compound, Brgy. Burgos
Balanga City, Bataan
Dear. Mr. Mark,

Good day! This legal opinion is written as a response to your query concerning the sale of your
family home.

The Facts

Your parents Ramona and Ricardo died in a plane crash, leaving no last will and testament.
Following their death, you and your siblings, Daniel, Liza, and Kathryn, acquired a commercial
lot and the family home. All of you are of legal age except for Kathryn who is only 15 years old.
You have all agreed to sell the family home to a certain John who is interested in purchasing the
said property.

The Applicable Law

Under Article 159 of the Civil Code of the Philippines, 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 (10)
years as long as there is a minor beneficiary, and the heirs cannot partition the same unless the
court finds compelling reasons therefor. This rule shall apply regardless of whoever owns the
property or constituted the family home.

Applying the said law in your case, upon the death of your parent, you and your siblings co-
owned their estate in common subject to the payment of their debts. As a rule, any of the co-
owners may demand the partition of the property at any time. However, as provided in the
abovementioned provision residing in the family home, so long as there is a minor beneficiary
residing in the family home or if there is no minor beneficiary, so long as a beneficiary of legal
age actually resides therein, the family home continues to be as such for a period of ten years
from the death of one or both spouses or of the unmarried head of the family. Therefore, the heirs
are prohibited from partitioning the family home unless the court finds compelling reasons.

Conclusion and Recommendation

Based on the foregoing, unless there may be a compelling reason that can be presented before the
court to justify the sale of the family home, we recommend that in the meantime, cease felling
the family home until the lapse of 10 years.

We hope that you will find this helpful, should you require any further assistance, do not hesitate
to let us know.

Very truly yours,

Atty. Miko Gabriel Reyes