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Court of Appeals Under the Civil Code (Articles 224 to 251), a family home may be
G.R. No. 108532 March 9, 1999 constituted judicially and extrajudicially, the former by the filing of the
petition and with the approval of the proper court, and the latter by the
Petitioners: Heirs of Pablo Taneo recording of a public instrument in the proper registry of property declaring
Respondent: Abdon Gilig the establishment of the family home. The operative act then which
created the family home extrajudicially was the registration in the Registry
- Judgement was rendered to Taneo ordering him to pay Gilig in JUNE of Property of the declaration prescribed by Articles 240 and 241 of the Civil
1964. Code.
- The sheriff levied two properties of Taneo: a lot and a residential
house. Under the Family Code, however, registration was no longer
- Taneo is saying that the residential house is their family home thus necessary. Article 153 of the Family Code provides that the family home is
exempt from execution. deemed constituted on a house and lot from the time it is occupied in the
ISSUE: Is Taneo’s family home exempt from execution? family residence.
HELD: NO. A debt was incurred before the house was deemed a family
home. The family home is deemed constituted on a house and lot from the time it
- Before the effectivity of the FC, a family home must be constituted is occupied as family residence. From the time of its constitution and so
judicially (filing of petition) and extra-judicially (registration). long as its beneficiaries actually resides therein, the family home continues
- It turns out: to be such and is exempt from execution, forced sale
o The instrument constituting the family home was registered or attachment, except as hereinafter provided and to the extent of the
only in JAN 24 1966. value allowed by law.
o The money judgement was rendered on JAN 24 1964.
- The family home is not exempt from execution since there was a While Article 153 of the Family Code provides that the family home is
debt incurred before the registration of the house as a family home. deemed constituted on a house and lot from the time it is occupied as a
family residence, it does not mean that said article has a retroactive effect
A debt was incurred before the housewas deemed a family home. Before such that all existing family residences, petitioner’s included, are deemed to
the effectivity of the FC, a family home must be constituted judicially (filing have been constituted as family homes at the time of their occupation prior
of petition)and extra-judicially (registration). It turns out that the instrument to the effectivity of the Family Code and henceforth, are exempt from
constituting the family home was registered only in JAN 24, 1966 while the execution for the payment of obligations incurred before the effectivity of
money judgement was rendered on JAN 24 1964. The family home is not the Family Code on August 3, 1988 (Modequillo vs. Breva, 185 SCRA
exempt from execution since there was a debtincurred before 766). Neither does Article 162 of said Code state that the provisions of
theregistration of the house as a family home Chapter 2, Title V thereof have retroactive effect. It simply means that all
existing family residences at the time of the effectivity of the Family Code
A family home is the dwelling place of a person and his family. It is said, are considered family homes and are prospectively entitled to the benefits
however, that the family home is a real right, which is gratuitous, accorded to a family home under the Family Code (Modequillo vs.
inalienable and free from attachment, constituted over the dwelling place Breva, supra). Since petitioner’s debt was incurred as early as November
and the land on which it is situated, which confers upon a particular family 25, 1987, it preceded the effectivity of the Family Code. His property is
the right to enjoy such properties, which must remain with the person therefore not exempt from attachment.
constituting it and his heirs.[9] It cannot be seized by creditors except in
certain special cases.