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Title V

THE FAMILY

Chapter 1

THE FAMILY AS AN INSTITUTION

(Arts. 149-151, FC)

1. (a) What is meant by the family?

(b) What relations are included in the family relations?
ANS: (a) Family may be defined as a natural and social institution founded on the
conjugal union, binding together the individuals composing it, for the common
accomplishment of the individual and spiritual ends of life, under the authority of the original
ascendant who heads it. (4 Valverde 8.)
(b) Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among other ascendants and descendants; and
(4) Among brothers and sisters, whether of the full or half-blood. (Art. 150, FC.)

2. What is the rule regarding suits between members of the same family?
ANS: Art. 151 of the FC provides for the rule regarding suits between family members.
The rule states that no suit between members of the same family shall prosper unless it
should appear from the verified complaint or petition that earnest efforts toward a
compromise have been made, but that the same have failed. If it is shown that no such
efforts were in fact made, the case must be dismissed. This rule shall not apply to cases
which may not be subject of compromise under the Civil Code. Art. 2035 of the CC
enumerates the cases which may not be subject of compromise. They are:
(1) The civil status of persons;
(2) The validity of a marriage or legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.

Chapter 2 .

THE FAMILY HOME

(Arts. 152-162, FC)

3. What is meant by ''family home" and how may it be constituted?

ANS: 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
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land on which it is situated. (Art. 153, FC.)

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 reside therein, the family home continues to be such. (Art. 153, FC.)

4. Can a family home be constituted on a house without the land on which it

is erected? Reason out your answer. (1965)
ANS: It is submitted that a family home may not be constituted without including the
land on which it is erected. From the very definition of a family home enunciated in Art. 152
of the FC, it is clear that the land on which the house is erected is an integral part of a family
home. Besides, there is a clear implication both from the definition and the purpose of such
family home as well as from the provisions of the CC, as amended by the FC, regulating said
home that it is permanent in character. Now, if a house constructed on rented land, for
instance, may be constituted into a family home, it becomes temporary. It cannot, therefore,
serve the purpose of a family home.

5. State the law regarding the exemptions of a family home from execution,
forced sale or attachment.
ANS: Under Art. 153 of the FC, from the time of the constitution and so long as any of
the beneficiaries of the family home actually resides therein, the family home is exempt
from execution, forced sale or attachment except as provided for in Art. 155 of the FC, and
to the extent of the value allowed by the law.
(a) Hence, under Art. 155 of the FC, while the family home shall be exempt from
execution, forced sale or attachment, it may not be so exempt for:
(1) non-payment of taxes;
(2) debts incurred prior to the constitution of the family home;
(3) debts secured by mortgages on the premises before or after such constitution; and
(4) debts due to laborers, mechanics, architects, builders, material men and others who
have rendered service or furnished material for the construction of the building.
(b) Moreover, Art. 157 of the FC allows the exemption of the family home from
execution, forced sale or attachment if its actual value does not exceed at the time of its
constitution, the amount of P300,000 in urban areas (chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities) and P200,000
in rural areas (all others which are not chartered cities and municipalities), or such amounts
as may be fixed by the law. Should the value of the currency change after the adoption of
the FC, the value most favorable for the constitution of a family home shall be the basis of
evaluation.

6. Has the residential house and lot of Cesario Montana which he and his
family built in 1960 but which was not constituted as a family home, whether
judicially or extrajudicially, under the CC been constituted as a family home by
operation of law under Art. 153 of the FC, and, therefore, exempt from execution
of a money judgment where the debt or liability was incurred before the
effectivity of the FC?
ANS: Under Art. 162 of the FC, it is provided that "the provisions of this Chapter shall
also govern existing family residences insofar as said provisions are applicable." It does not
mean that Arts. 152 and 153 of the FC have a retroactive effect such that all existing family
residences are deemed to have been constituted as family homes at the time of their
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occupation prior to the effectivity of the FC and are exempt from execution for the payment
of obligations incurred before the effectivity of the FC. Art. 162 simply means that all
existing family residences at the time of the effectivity of the FC, are considered family
homes and are prospectively entitled to the benefits accorded to a family home under the
FC. Art. 162 does not state that the provisions of Chapter 2, Title V have a retroactive effect.
True, under the FC which took effect on August 3, 1988, Cesario's residential house and lot
became his family home under the simplified process embodied in Art. 153 of the said Code.
However, the case of Modequillo vs. Breva explicitly ruled that said provision of the FC does
not have retroactive effect. In other words, prior to August 3, 1988, the procedure mandated
by the CC had to be followed for a family home to be constituted as such. There being
absolutely no proof that Cesario's residential house and lot was judicially or extrajudicially
constituted as a family home, it follows that the law's protective mantle cannot be availed
of. Since the debt involved herein was incurred prior to August 3, 1988, Cesario cannot be
shielded by the benevolent provisions of the FC. (Manacop vs. Court of Appeals, 277 SCRA
64, August 11, 1997.)

7. Who are the beneficiaries of a family home? ANS: The beneficiaries of a

family home are:
ANS. (1) The husband and wife, or an unmarried person who is the head of a family;
and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and who depend
upon the head of the family for legal support. (Art. 154, FC.) Arts. 152-162

8. Aro Mino contends that he should be deemed residing in the family home
because his stay in the U.S. is merely temporary. He asserts that the person
staying in the house is his overseer and that whenever his wife, Rosanna, visited
the Philippines, she stayed in the family home. Is the contention of Aro
meritorious?
ANS: The law explicitly provides that occupancy of the family home either by the owner
thereof or by "any of its beneficiaries" must be actual. That which is "actual" is something
real, or actually existing, as opposed to something merely possible, or to something which is
presumptive or constructive. Actual occupancy, however, need not specifically be by the
owner of the house. Rather, the property may be occupied by the "beneficiaries"
enumerated by Art. 154 of the FC. "Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of the family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and who depend
upon the head of the family for lead support."
This enumeration may include the in-laws where the family home is constituted jointly
by the husband and wife. But the law definitely excludes maids and overseers. They are not
the beneficiaries contemplated by the Code. Consequently, occupancy of a family home by
an overseer is insufficient compliance with the law. (Manacop us. Court of Appeals, 277
SCRA 65, August 11, 1997.)
9. Pursuant to a writ of execution issued in an action for a sum of money filed
against B by A, several parcels of land belonging to the former were levied upon
and later sold at public auction to the latter as the highest bidded
When B failed to redeem the property, the sheriff issued the corresponding
final certificate of sale, whereupon A filed a motion for the issuance of the writ of
possession. B opposed the motion, alleging that on one of the parcels of land sold
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at public auction was erected a house constituted as a family home. It appears
that the house of B was constituted as a family home after the decision in the
foregoing case was issued. B now contends that said lot and house are beyond
the reach of judicial execution. Is this tenable?
ANS: Art. 155(2) of the FC provides that "the family home shall be exempt from
execution, forced sale or attachment" except "for debts incurred prior to the constitution of
the family home." B contends that since the money judgment rendered against him was
appealed to the Supreme Court, the same could not be considered as a debt at the time the
family home was constituted for it was still inchoate and as such, cannot come under the
provisions of Art. 155 of the FC. This contention is untenable. The reason of the law for
providing that a family home constituted after a debt had been incurred is not exempt from
execution is to protect the creditor against a debtor who may act in bad faith by resorting to
such declaration just to defeat the claim against him. If the purpose is to protect the creditor
from frauo it would be immaterial in the o.e'ot incurred be undisputed or inchoate, for a
debtor acting in good faith would prefer to wait until his case is definitely decided before
constituting the family home. Indeed, it may result, as in this case, in the affirmance of the
judgment. Hence, the money judgment in question comes within the purview of the word
debt used in Art. 155(2) of the FC. (Siari Valley Estate, Inc.. us. Lucasan, 109 Phil. 294.)

10. On what properties must the family home be constituted?

ANS: The family home must be part of the properties of the absolute community or the
conjugal partnership or the exclusive properties of either spouse with the latter's consent. It
may also be constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is subject of a conditional sale on installments where
ownership is reserved by the vendor to guarantee payment of the purchase price may be
constituted as a family home. (Art. 156, FC.)

11. How may a family home be sold, alienated, donated, assigned or

encumbered?
ANS: The family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written constant of the person constituting the same,
the spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court
shall decide. (Art. 158, FC.)

12. What is the effect of death of one or both spouses or of the unmarried
head of the family upon the family home?
ANS: Under Art. 159 of the FC, 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 10 years or for 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.

13. Spouses Marilyn and Johnny died, leaving as their beneficiaries, Susan
and Helen, both minors. When can the heirs of the spouses partition the family
home?
ANS: The heirs can partition the family home only after a period of 10 years and only
when Susan and Helen are no longer minor beneficiaries living in the home. The heirs cannot
partition the family home notwithstanding the lapse of the 10-year period for as long as the
children (or either of them) continue to be minor beneficiaries living in the family home.
Should the court, however, find compelling reasons for allowing the partition of the family
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home, then the heirs could do so prior to the lapse of the 10-year period or even if there are
still minor beneficiaries living in the family home.

14. In September 1988, a man and his wife bought a parcel of land in
Filinvest Homes, Quezon City for P150,000, built a house thereon for P350,000
and immediately thereafter, constituted the property into a family home. In 1989,
because of the increase in land values and the improvements subsequently
introduced thereon, the family home acquired an actual worth of P700,000. In this
year also, a third person obtained a judgment for damages against the spouses in
the sum of P200,000 as a result of an automobile accident which happened in
1987. The third person applied to the court which rendered the judgment for an
order directing the sale of the family home under execution. If you were the
judge, how would you decide the case?
ANS: It is evident that the claim of the judgment creditor in the instant case does not
fall under any of the exceptions enumerated in Art. 155 of the FC. Should it, therefore, be
found that the actual value of the family home exceeds the maximum amount allowed by
law as of the time of the constitution of the family home or if the increased actual value
exceeds the maximum allowed in Art. 157 of the FC, that is, at P300,000 in urban areas and
P200,000 in rural areas, as a result of subsequent voluntary improvements introduced by the
spouses-owners who constituted the family home or by any of their beneficiaries, the court
shall so order and direct the sale of the family home under execution.
At the execution sale, no bid below the value allowed for a family home shall be
considered. The proceeds shall be applied first to the amount mentioned in Art. 155 of the
FC, and then to the liabilities under the judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor. (Art. 160, FC.)

15. How many family homes may a person constitute or be a beneficiary of,
for the purposes of availing of the benefits of a family home?
ANS: Under Art. 161 of the FC, a person may constitute or be the beneficiary of only
one family home for purposes of availing of the benefits of a family home.
16. Do the provisions of the FC on family govern family homes constituted
prior to the effectivity of the FC?

ANS: The provisions of the FC on family homes also govern existing family residences
insofar as said provisions are applicable. (Art. 162, FC.)