Modequillo vs.

Breva
185 SCRA 766 / G.R. Nbo. 86355
May 31, 1990

Facts: Petitioners Jose Modequillo and Benito Malubay were ordered to pay jointly and severally to
plaintiff- apellants pertaining to damages arising from a vehicular accident killing Audie Salinas and
injuring Renato Culan.

On July 7, 1988, the sheriff levied a parcel of residentioal land located at Poblacion Malalag Surigao Del
Sur registered in the name of Jose Modequillo.

A Motion to quash and/or to set aside the levy of execution was filed by Modequillo alleging therein
that the residential land is where their family home is built since 1969 prior to the commencement of
this case and as such is exempt from execution, forced sale or attachment under Articles 152 and 153 of
the Family Code except for the liabilities mentioned in Article 155 thereof and that the judgement debt
sought to be enforced against the family home of Modequillo is not one of those enumerated under
Article 155 of the Family Code.

Respondents on the other hand say that the said house and lot only became a family home in 1988
when the Family Code took effect. They say that under the Civil Code, the house and lot did not qualify
as a family home since the Family Code provision on family homes do not retroact.

Issue: Whether or not the Family Code provisions ob family homes have a retroactive application

Held: No

Ratio: The house and lot became a family home upon the effectivity of the Family Code in August 3,
1988 but it does not mean that all family residences not considered as family homes prior to the Family
Code would be retroactively deemed as family homes at the time of their occupation. Since the debt
which arose from the time of the vehicular accident (March 16, 1976) and the judgement was before the
effectivity of the Family Code (August 3, 1988), it is not exempt from execution.

*not a family homewhen the debt was incurred = not exempt*