What constitutes the

FAMILY HOME?
BY
vincent q. piga

New York Office

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New York - U.S

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EFFECTIVITY OF FAMILY CODE

August 3, 1988

New York Office

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New York - U.S

Boston office
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Constituting the Family Home BEFORE August 3, 1988

Before the effectivity of the FAMILY

CODE, a family home is constituted
either:
1. Judicially OR
2. Extra-judicially

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New York - U.S

Boston office
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JUDICIAL CONSTITUTION OF FAMILY HOME

Filing of VERIFIED PETITION before

the courts and the registration of the
courts order with the Registry of
Deeds of the area where the property
is located.
Governed by Articles 225, 229-231
and 233 of the Civil Code.
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EXTRA-JUDICIAL CONSTITUTION OF FAMILY HOME

Involves execution of a public

instrument which must be registered
with the Registry of Property (Sps. De
Mesa v. Sps. Acero, G.R. No. 185064,
January 16, 2012).
Governed by Articles 240-242 of the
Civil Code.
New York Office
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New York - U.S

Boston office
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Boston - U.S

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Constituting the Family Home AFTER August 3, 1988

Family Home deemed constituted:

1. On a house and lot from the time it
is occupied as a family residence.
2. No need for judicial or extrajudicial
constitution (Modequillo v. Breva,
G.R. No. 86355, May 31, 1990).
New York Office
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New York - U.S

Boston office
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Boston - U.S

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IN ADDITION.

Family Homes constructed after the

effectivity of the Family Code are
constituted as such by operation of law.
All existing Family Residences as of August
3, 1988 are considered family homes and
are prospectively entitled to the benefits
accorded to a family home under the Family
Code (Kelly, Jr. v. Planters Products, Inc.,
G.R. No. 172263, July 9, 2008).
New York Office
Hobes Boulevard, 689 / 1101
New York - U.S

Boston office
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Boston - U.S

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CASES

1. Ramos v. Pangilinan
. Petitioners claim that the Pandacan
property is a Family Home and
constituted prior to Aug. 3, 1988 hence
exempt from execution;
. Court ruled that subject property was
neither
judicially
or
extra-judicially
constituted as such hence levy upon said
property is valid.
New York Office
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New York - U.S

Boston office
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Boston - U.S

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CASES

2. Sps. Araceli and De Mesa v. Sps. Claudio

and Acero et al.
. Family Home was validly levied for failure
of petitioners to set prove it was such
before the Sheriff presented the same for
public auction;
. Latches prevented petitioners
exempting the Family Home
execution.
New York Office
Hobes Boulevard, 689 / 1101
New York - U.S

Boston office
3rd Avenue west side , 1000 / 102
Boston - U.S

from
from
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CASES

3. Sps. Kelly v. Planters Products, Inc. and

Ragutana
. Family Residences constructed after Aug.
3, 1988 are considered Family Homes by
operation of law and lasts as long as any
of its beneficiaries actually reside therein
(Art. 154, Family Code);

New York Office

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New York - U.S

Boston office
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Boston - U.S

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CASES

Beneficiaries of Family Home are:

1. Husband and wife or unmarried person
who is head of the family;
2. Their parents, ascendants, descendants,
brothers,
sisters,
legitimate
or
illegitimate, living in the family home and
dependent on the head of the family for
legal support.
New York Office
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New York - U.S

Boston office
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Boston - U.S

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CASES

Debts for which the Family Home is made

answerable must have been incurred
after August 3, 1988 otherwise it has to
be proved that such Family Home has
been
judicially
or
extra-judicially
constituted as such;

New York Office

Hobes Boulevard, 689 / 1101
New York - U.S

Boston office
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Boston - U.S

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Phone : 55 41 1432.5656
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CASES
EXCEPTIONS:
1. Non-payment of taxes;
2. Debts incurred prior to constitution of Family
Home;
3. Debts secured by mortgage on the premises
before or after such constitution;
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. (Art. 155, Family
Code)
New York Office
Hobes Boulevard, 689 / 1101
New York - U.S

Boston office
3rd Avenue west side , 1000 / 102
Boston - U.S

Toll Free : 08004004440

Phone : 55 41 1432.5656
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TAPOS

New York Office

Hobes Boulevard, 689 / 1101
New York - U.S

Boston office
3rd Avenue west side , 1000 / 102
Boston - U.S

Toll Free : 08004004440

Phone : 55 41 1432.5656
wecare@silverstr.com