Chapter 2:

THE FAMILY
HOME
 Article 152
Art. 152. The family home, constituted jointly
by the husband and the wife or by an unmarried
head of the family, is the dwelling house. Where
they and their family reside, and the land on
which it is situated. (223a)

Reason- when creditors seize the family house,

they virtually shatter the family itself.
 Family Home
1) It is constituted a. jointly by the
husband and the wife or b. by an unmarried
head of the family
2) It is the dwelling house where they and their family
reside, and the land on which it is situated.
 Guidelines
1. It is deemed constituted from the time of actual
occupation as a family residence
2. It must be owned by person constituting it
3. It must be permanent
4. Rule applies to valid and voidable and even to
common-law marriages Art.147 and 148
5. It continues despite death of one or more spouses or
unmarried head of the family for 10 years or as long
as there is a minor beneficiary (Art.159)
6. Can only constitute one family home.
 Article 153
Art.153. The family home is deemed constituted on a
house and a lot from the time it is occupied as a family
residence. From the time of its constitution and so.
Long. As any of its. Beneficiaries actually resides.
Therein, the family home continues to be such and is
exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the
value allowed by law. (223a)
 General Rule: (Article 153)
The Family home is exempted from:
1. Execution
2. Forced Sale
3. Attachment
 Article 154
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)
 Beneficiaries of the family home (Art.154)

1. Husband and wife, or an unmarried person who is the

head of the family
2. Parents ( may include parent-in-laws ), ascendants,
descendants, brothers and sisters ( legitimate/
illegitimate ), who are living in the family home and
who depend on the head of the family for support.
Requisites to be a beneficiary
3. The relationship is within those enumerated
4. They live in the family home
5. They are dependent for legal support on the head of
the family
 Article 155
Art.155.The family home shall be exempt from execution forced
sale or attachment:
(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)
Note: The exemption is limited to the value allowed byb the
family code.
 Article 156
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 un
married 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 purchased price
may be constituted as a family home. (227a, 228a)
Note: that a property purchased under an ongoing
installment plan may be constituted as a family home.
 Article 157
Art.157. The actual value of the family shall not exceed, at the
time of its constitution, the amount of 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 the purpose
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)
Notes: the maximum values of ₱ 300,000.00 (in urban areas)
and ₱200,000.00 (in rural areas).
 Article 158
Art.158. the family home may be sold, alienated,
donated, assigned or encumbered by the 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)

Note: there can be no further need for concurrence if all

the beneficiaries are not deemed of “legal age.”
Requirement for Sale, Alienation, Donation,
Assignment, or Encumbrance of the family home
1. The person who constituted the same must give
his/her written consent
2. The spouse of the person who constituted the family
home must also give his/her written consent
3. A majority of the beneficiaries of legal age must also
give their consent
4. In case of conflict, the court shall decide.
 Article 159
Art.159.The family home shall continue despite the
death of one or both spouses or the unmarried head of
the family for a period of ten 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 family
home. (238a)
Note: This rule is applicable regardless of whoever
owns the property or constituted the family home.
 In case of Death (Art.159)
• The family home shall continue despite the death of
one or both spouses or of the unmarried head of the
family for a period of ten years, or as long as there is
a minor beneficiary.
• The heirs cannot partition the home unless the court
finds compelling reason therefor.
 Article 160
Art.160.When a creditor whose claim is not among those mentioned in Article
155 obtains a judgement in his favor, and he has reasonable grounds to believe
that the family home is actually worth more than the maximum amount fixed
in Article 157, he may apply to the court which rendered the judgement for an
order directing the sale of the property under execution. The court shall so
order if it finds the actual value of the family home exceeds the maximum
amount allowed by law as of the time of its constitution. If the increased
actual value exceeds the maximum allowed in Art.157 and results from
subsequent voluntary improvement introduced by the person or persons
constituting the family home, by the owner or owners of the property, or by
any of the beneficiaries, the same rule and procedure shall apply. At the
execution sale, no bid below the value allowed for a family home shall be
considered. The proceeds. Shall be applied first to the amount mentioned in
Art.157, and then to the liabilities under the judgement and the costs. The
excess, if any, shall be delivered to the judgement debtor. (247a,248a)
Note: Under this Article, creditors who cannot make the family home liable to
satisfy their claims can have recourse
Requisites for Creditor to avail of the right to
execute: (Article 160)
1. He must be judgment creditor;
2. His claim is not among those excepted under Article
155 and
3. He has reasonable grounds to believe that the family
home is worth more than the maximum amount
fixed in Article 157.
 Procedure to vail of right under Article
160
1. The creditor must file a motion in the court proceeding where he
obtained a favorable for a writ of execution against the family home.
2. There will be a hearing on the motion where the creditor must prove that
the actual value of the family home exceeds the maximum amount fixed
by the family Code, either at the time of its constitution or as a result of
improvements introduced thereafter its constitution.
3. If the creditor proves that the actual value exceeds the maximum amount
the court will order its sale in execution.
4. If the family home is sold for more than the value allowed, the
procedures shall be applied as follows:
a. first, the obligations enumerated in Art.155 must be paid (listed above)
b. Then the judgement in favor of the creditor will be paid, plus all the
costs execution
c. The excess, if any, shall be delivered.
 Article 161
Art.161.For purposes of availing of the benefits of a
family home as provided for n in this Chapter, a person
may constitute, or be the beneficiary of, only one family
home. (n)

Note: this rule provides for only one person who may
constitute and be the sole beneficiary of a family home.
 Article 162
Art.162. The provision in this chapter shall also.
Govern existing family residence insofar as said
provisions are applicable. (n)
Note: Art.162 simply provides that all existing family
residences at the time of the effectivity of the Family
Code, are considered family. Homes and are
prospectively entitled to the benefits accorded to a
family home under the Family Code. Art.162 does not
state that the provisions of Chapter. 2, Title V have a
retroactive effect.