For the family home to be exempt from execution, two sets of rules are applicable:
a)Family home was constructed before the effectivity of the Family Code or before August 3, 1988 :
It must have been constituted either judicially or extra-judicially as provided
under Articles 225, 229-231 and 233 of the Civil Code.
a.Judicial constitution of the family home requires the filing of a verified
petition before the courts ;
b.Extrajudicial constitution is governed by Articles 240 to 242 of the Civil
Code and involves the execution of a public instrument which must also be
registered with the Registry of Property.
Failure to comply with either one of these two modes of constitution will bar a
judgment debtor from availing of the privilege.
b)Family homes constructed after the effectivity of the Family Code on August 3,
1988
a.The exemption is effective from the time it was constituted and lasts as long
as any of its beneficiaries under Art. 15413 actually resides therein.
b.Its value must not exceed certain amounts depending upon the area where it
is located.
c.The debts incurred must have been incurred after August 3, 1988.
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 family home. This claim for exemption must be set up and proved.
G.R. No. 185920
July 20, 2010
CONCHITA CARPIO MORALES
Associate Justice
Chairperson
