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ART. 154. THE Beneficiaries of A Family Home Are

This document discusses the beneficiaries and exemptions of a family home under Philippine law. It defines a family home as property owned by a husband and wife or unmarried head of household, and used by qualifying relatives. The key points are: - A family home is exempt from execution, forced sale, or attachment, with exceptions for certain taxes, debts incurred before establishment, debts secured by mortgages on the property, and debts related to building construction. - The exemption is effective as long as a beneficiary resides in the family home. - The family home must be part of the absolute community or conjugal partnership of spouses, or owned exclusively by one spouse with consent. - There are

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78 views

ART. 154. THE Beneficiaries of A Family Home Are

This document discusses the beneficiaries and exemptions of a family home under Philippine law. It defines a family home as property owned by a husband and wife or unmarried head of household, and used by qualifying relatives. The key points are: - A family home is exempt from execution, forced sale, or attachment, with exceptions for certain taxes, debts incurred before establishment, debts secured by mortgages on the property, and debts related to building construction. - The exemption is effective as long as a beneficiary resides in the family home. - The family home must be part of the absolute community or conjugal partnership of spouses, or owned exclusively by one spouse with consent. - There are

Uploaded by

MG Lumidao Salvador
Copyright
© © All Rights Reserved
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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ART. 154.

THE
BENEFICIARIES OF A FAMILY
HOME ARE:

(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. (226A)

ART. 155. THE FAMILY HOME


SHALL BE EXEMPT FROM
EXECUTION, FORCED SALE OR
ATTACHMENT EXCEPT:
(1) For nonpayment of taxes;

(2) For debts incurred prior to the constitution


of the family home;
(3) For debts secured by mortgages on the
premises before or after such constitution; and
(4) For debts due to laborers, mechanics,
architects, builders, materialmen and others
who have rendered service or furnished
material for the construction of the building.
(243a)

General Rule:
The family home shall be exempt from execution, forced sale or attachment.
Except:

For debts due to laborers, mechanics,


architects, builders, materialmen and
others who have rendered service or
furnished material for the construction
of the building

For debts secured by


mortgages on the
premises before or after
such constitution; and

For nonpayment of
taxes

For debts incurred


prior to the
constitution of the
family home;

The exemption provided is effective


from the time of the constitution of the
family home as such and last as long
as any of its beneficiaries actually
reside therein. (Manacop vs. CA,
G.R. No. 104875, November 13,
1992)

WHEN IS THE EFFECTIVITY OF


SUCH EXEMPTION?

Art. 156. The family home must be part of


the properties of the absolute community or
the conjugal partnership, or of 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 the subject of
a conditional sale on installments where
ownership is reserved by the vendor only to
guarantee payment of the purchase price
may be constituted as a family home. (227a,
228a)

Illustration:
A and B are married with five children. They
constructed on a house and lot which they bought after their
marriage.
The family home is a part of their absolute community
or conjugal partnership.

If the lot belongs exclusively to A,


he may even constructs a house
on it from his exclusive money,
and that is his exclusive property;
yet, it is still a family home.

Art. 157. The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the
three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such amounts
as may hereafter be fixed by law.
In any event, if the value of the currency changes after the
adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include
chartered cities and municipalities whose annual income at
least equals that legally required for chartered cities. All others
are deemed to be rural areas. (231a)

Art. 158. The family home may be sold, alienated, donated,


assigned or encumbered by the owner or owners thereof
with the written consent of the person constituting the same,
the latter's spouse, and a majority of the beneficiaries of
legal age. In case of conflict, the court shall decide. (235a)

General Rule:
The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners
thereof.

the latter's
spouse

majority of
the
beneficiaries

Provided: There is a written consent.

person
constituting
the same

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