G.

THE FAMILY
1. Concept of family

Being the foundation of the nation, it is a basic social institution which public policy cherishes
and protects.

Extent of family relations:

a. Between husband and wife;

b. Between parents and children;
c. Among other ascendants and descendants;
d. Among brothers and sisters, whether of the full or half-blood

NOTE: According to the Court, this enumeration is exclusive and defines the operation of Article
151 of the Family Code.

Rules to remember:

a. Family relations exists even if they are not living together

b. Illegitimate children are not included in the family relations under this Article because they
have their own families.
c. Adopted children are included. (Minutes of Committee Meeting of August 24, 1985)

Rules governing family relations

Family relations are governed by law. No custom, practice or agreement destructive of the
family shall be recognized or given effect.

NOTE: Even if not all forms of extra-marital relations are punishable under penal law, the
sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a
special contract of permanent union. Accordingly, the Court has had little qualms with
penalizing judicial employees for their dalliances with married persons or for their own betrayals
of the marital vow of fidelity (Concerned Employee v. Glenda Mayor, A.M. No. P- 02-1564,
November 23, 2004).

2. Effects on legal disputes

Requisites before a suit between members of the same family may prosper

a. Earnest efforts toward a compromise have been made;

b. Such efforts failed;
c. The fact that earnest efforts toward a compromise have been made but the same have
failed appears in the verified complaint or petition.

Earnest efforts towards compromise

Rule: If suit is between member of same family, there must be prior earnest efforts towards a
compromise; otherwise, the case must be dismissed. Hence, the attempt to compromise as well
as its failure or inability to succeed is a condition precedent to the filing of a suit between
members of the same family, the absence of such allegation in the complaint being assailable
at any stage of the proceeding, even on appeal for lack of cause of action. Stated otherwise, a
party’s failure to comply with Article 151 of the FC before filing a complaint against a family
member would render such complaint premature. However, the failure of a party to comply with
this condition precedent is not a jurisdictional defect. If the opposing party fails to raise such
defect in a motion to dismiss, such defect is deemed waived.

This rule shall not apply to cases which may not be subject of compromise under the Art. 2035
of the New Civil Code.
 NOTE: Non-compliance with the earnest effort requirement under Article 151 of the Family
Code is not a jurisdictional defect which would authorize the courts to dismiss suits filed before
them motu proprio. Rather, it merely partakes of a condition precedent such that the non-
compliance therewith constitutes a ground for dismissal of a suit should the same be invoked by
the opposing party at the earliest opportunity, as in a motion to dismiss or in the answer.
Otherwise, such ground is deemed waived.

If the respondents as parties-defendants could not, and did not, after filing their answer-to-
petitioner’s complainant, invoke the objection of absence of the required allegation on earnest
efforts at a compromise, the appellate court unquestionably did not have any authority or basis
to motu propio order the dismissal of petitioner’s complaint (Moreno vs. Kahn, G.R. No.
217744, July 30, 2018).

Cases not subject to compromise:

a. Civil status of persons;

b. Validity of a marriage or legal separation;
c. Any ground for legal separation;
d. Future support;
e. Jurisdiction of courts; and
f. Future legitime

3. Family home

It is the dwelling house where the husband and wife and their family reside, and the land on
which it is situated. It is constituted jointly by the husband and the wife or by an unmarried head
of a family.

Constitution of Family Home (FH)

The FH is deemed constituted on a house and lot from the time it is occupied as a family
residence.

Guidelines in the constitution of the Family Home

a. FH is deemed constituted from the time of actual occupation as a family residence;

b. Only 1 FH may be constituted;
c. Must be owned by the person constituting it;
d. Must be permanent;
e. Same rule applies to both valid and voidable marriages and even to common law
spouses;
f. It continues despite death of one, both spouses, or an unmarried head of the family for 10
years or as long as there is a minor beneficiary

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 FH.

The FH 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.

NOTE: Property that is subject of a conditional sale on instalments where ownership is reserved
by the vendor to guarantee payment of the purchase price may be constituted as a FH.

Beneficiaries of a Family Home

a. Husband and wife, or

b. Unmarried head of the family,
c. Parents (may include parents-in-law),
d. Ascendants,
 e. Descendants
f. Brothers and sisters (legitimate or illegitimate) living in the FH and dependent on the head
of the family for support.
Requisites to be considered as beneficiary

a. They must be among the relationships enumerated in Art. 154 of the Family Code;
b. They live in the FH; and
c. They are dependent for legal support upon the head of the family.

To qualify as beneficiary of the FH the person must be among those mentioned under Art. 154
of the
Family Code, he/she must be actually living in the FH and must be dependent for legal support
upon the head of the family (Patricio v. Darion, G.R. No. 170829, November 20, 2006).

Effect of death of one or both spouses or of the unmarried head of the family upon the
family home

The FH 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 FH.

Exemption of Family Home from execution, forced sale or attachment

GR: FH is exempt from execution, forced sale or attachment.

From the time of its constitution and so long as any of its beneficiaries resides therein, the FH
continues to be such and is exempt from execution, forced sale or attachment (FC, Art. 153).

XPN: Under Art. 155 of the Family Code:

a. Debts due to laborers, mechanics, architects, builders, material men and others who
rendered service or furnished materials for the constitution of the building;
b. Non-payment of Taxes;
c. Debts incurred Prior to its constitution;
d. Debts secured by Mortgages on the premises before or after such constitution.

NOTE: Exemption is limited to the value allowed in the Family Code.

Rule for the family home to be exempted from execution

a. If the FH was constructed before the effectivity of the FC, then it must have been
constituted either judicially or extra-judicially as provided under Arts. 225, 229-231 and
233 of the NCC. Judicial constitution of the FH requires the filing of a verified petition
before the courts and the registration of the court’s order with the Registry of Deeds of the
area where the property is located. Meanwhile, extrajudicial constitution is governed by
Arts. 240 to 242 of the New Civil Code and involves the execution of a public instrument
which must also be registered with the Registry of Property.
b. For FH constructed after the effectivity of the FC, there is no need to constitute extra-
judicially or judicially, and the exemption is effective from the time it was constituted and
lasts as long as any of its beneficiaries actually resides therein. Moreover, the FH should
belong to the absolute community or conjugal partnership, or if exclusively by one
spouse, its constitution must have been with consent of the other, and its value must not
exceed certain amounts depending upon the area where it is located. Further, the debts
incurred for which the exemption does not apply as provided under Art. 155 for which the
FH is made answerable must have been incurred after the effectivity of the Family Code.
c. And in both cases, whether under the Civil Code or the Family Code, it is not sufficient
that the person claiming exemption merely alleges that such property is a FH. This claim
for exemption must be set up and proved (Juanita Trinidad Ramos, et al. v. Danilo
Pangilinan et al. G.R. No. 185920, July 20, 2010).
Exemption of Family Home must first be set up and proved

The FH’s exemption from execution must be set up and proved to the Sheriff before the sale of
the property at public auction. It should be asserted that the property is a FH and that it is
exempted from execution at the time it was levied or within a reasonable time thereafter. It is
not sufficient that the person claiming exemption merely alleges that such property is a FH.
Failure to do so will estop one from later claiming the said exemption (Spouses Araceli Oliva-
De Mesa and Ernesto de Mesa v. Spouses Claudio D. Acero Jr. and Ma.Rufina D. Acero,
Sheriff Felixberto L. Samonte and Registrar Alfredo Santos, G.R. No. 185064, January 16,
2012).

Limitations on Family Home

a. Each family can have only one FH. After one FH has been constituted, no other FH can
be established without first dissolving the existing one.
b. FH can be constituted only on the dwelling place, and therefore in the locality where the
family has its domicile.
c. The value of the FH must not exceed the limit fixed by law.