Family as an Institution Flashcards
what is the importance of determining whether the parties are part of the family?
important when there is a case between the parties as law requires certain JD requirements such as
- complaint is verified
- complaint must contain condition precedent, namely, that earnest efforts for an amicable settlement of the matter between the parties had been exerted, but that none was reached.
3.
Q: can a first degree cousin have to comply?
No because they have their own family.
what is the family home?
Art 152
The family home constituted jointly by the husband and wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.
What if the family is renting?
That cannot be considered as a family home
what if the son is the owner of the home?
It must belong to the spouses jointly or the unmarried head of a family (a person whom the family is dependent for support)
so in that case, that is a family home
advantages of having a family home?
who are the beneficiaries of the family home?
[a]
- exempt from attachment & execution, sale. (generally)
[b]
children, grandparents (if they are dependent for support)
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
if family home is valued at 500k, (exceeding limit of 300k(
can this be executed?
Yes, because it has exceeded the 300k.
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.
family home
1991 - 300k
2024 - 550k
can it be subject to execution?
Yes,
debt is 400k (final judgment) - can be subject to writ of execution, hence you will attach properties. if you have no other property except family home, which values P1M. Can this be executed?
Yes, 300k will go to the owner. 400k will go to the creditor and the excess will be given to the owner.
debt is 400k (final judgment) - can be subject to writ of execution, hence you will attach properties. if you have no other property except family home, which values 400K Can this be executed?
Yes, however the first 300k will be given to the owner of the family home. If however, during the sale, it was sole at 500k, then the remaining 200k will be given to the creditor
Art 160 in relation to 157
“xxx
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 Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor”
TITLE VI PATERNITY & FILIATION
paternity - father to grand father (?)
filiation - son to parents
X & Y had a child outside of wedlock. The child is illegitimate
X & Y then gets married. Is the child still illegitimate?
No, the child becomes legitimated.
(165)
X engaged in PMS and Y got pregnant. no legal impedient. the child is ?
Illegitimate.
[b]
Legitimated Child
A & B had sex out of wedlock and made C
A married Z
B married Y
is C legitimated?
No.
