[Finals] - 7 topics Flashcards
🟢FAMILY HOME🟢
what is the family home?
FH is the;
- dwelling house where H&F reside, or
- unmarried head otf & their family reside, and
- land on which it is situated (Art. 152)
otf - of the family
WHO constitutes a family home?
- H&W **jointly
- unmarried head otf
- any of the beneficiaries
WHO are the beneficiaries of the FH?
- H&W [or] unmarried head of the family
- their, parents, ascendants, descendants, brothers and sisters whether the relationship be legitimate [or] Illegitimate who are living in the FH who DEPEND upon the HEAD of the family for legal support
- IN-LAWS where the FH is constituted jointly by H&F (Manacop v. CA)
note
In the Manacop case, the Supreme Court emphasized that in-laws, such as the parents of one of the spouses, do not automatically qualify as beneficiaries of the family home. For them to be considered part of the “family,” they must be financially dependent on the family residing in the home.
To be a beneficiary, other than H&W or UHotf, the ff: requisites must concur
- Must be among the relationships enumerated in Art. 154 FC
- They live in the FH
- characterized by permanency - They are dependent for legal support upon the [HEAD] of the family
c.f. Art. 199
when 2 or more persons are obliged to give support, the liability shall devolve upon the ff: persons
Art. 199
Whenever two or more persons are obliged to give support, the liability shall devolve (pass) upon the ff: persons IN THE ORDER herein provided;
- the spouses
- Descendants** in the nearest degree
- Ascendants in the nearest degree
- brothers & sisters
Practical Scenario
• If Juan is in financial need and is married, he must first seek support from his wife.
• If his wife cannot provide support (e.g., due to financial incapacity or other valid reasons), Juan can then turn to his children.
• If Juan has no children or they cannot provide support, he can seek it from his parents.
• Only if Juan’s spouse, children, and parents are unable or unavailable to support him, can he then ask for support from his siblings.
Is a grandson living in the FH of his grandparents (headed by grandparents) a beneficiary while his father is alive?
No, while he is living there, he is not dependent for support on the grandparent but dependent on support of his father (Patricio v. Dario III) 2006
HOW is a FH consituted?
under the FC, a FH is deemed constituted on a house & lot from the time it is ACTUALLY OCCUPIED as a family residence
so if H&F [or] UHotf [or] beneficiaries ACTUALLY RESIDE in the H&L, a FH is deemed constituted
From its constitution and until a beneficiary actually resides there, the FH continues to exist & be protected by law
Distinction between FH in the FC & CC
FC
- mere occupancy is sufficient to constitute FH
CC
- judicial or extra-judicial constitution is indispensable to constitute a FH
What becomes of the status of the H&L occupied at the time of the CC and after the effectivity of the FC?
H&L occupied by family but not judicially or extra-judicially constituted is deemed a FH upon effectivity of the FC on August 3, 1988
A & B bought newly bought home in Cebu through a loan but had not resided in it. They left abroad and the obligation fell due. In order to protect their newly bought home, they ask a helper/maid to reside in it so it constitutes a family home.
Will this action be tenable?
No, occupancy must be actual and not constructive such that a maid, houseboy, or driver is not enough.
Kinds Ownership of the FH
- PART of the ACP [or] CPG
- an EXCLUSIVE property of either spouse w/ latter’s consent
- property of an UHoft
Marlon & Mian has a studio unit good for one year. Within that period of 1 year, will the unit be considered a FH?
No, a FH cannot be constituted on rented property as it negates the element of permanency
Marlon & Mian on installment basis bought a home in Davao. Is this a FH home?
Yes, a FH constituted on a property subject of a conditional sale where ownership is reserved by the vendor only to guarantee payment of the purchase price is deemed a FH
Limitation on the value of the FH
At what point do we reckon the value?
ACTUAL value of the FH, at the time of its constitution, shall NOT EXCEED the amount of;
300k in urban areas
200k in rural areas
LB: 157
AFTER constitution, if value of H&L increased due to improvements or renovations to an amount: MORE THAN FIXED BY LAW at the time of constitution,
what is the effect of this to the FH
H&L shall remain a FH (therefore protected against creditors)
Spip
- can now be attached
- the 200/300k will be given to the family and the value exceeding is what is to be sold
GR: FH exempt from attachment, forced sale, execution
XPN
- for non-payment of taxes
- debts incurred PRIOR to the constitution of the FH
- debts secured by mortgages on the FH before or after constitution
- debts due to [lammb] laboreres, architects, mechanics, materialmen, builders who have render service for the construction of the FH
XPN to attachment of FH > The debt incurred prior to constitution of FH
A obtained a loan in 2020 which fell due on 2021
A constituted a FH with B on 2022
C sued A attaching his FH
A argues that the final judgment was after constitution so his FH is exempt
is this tenable?
No, the exception refers to the time the debt was incurred and not on final judgment or any other event.
XPN to attachment of FH > The debt incurred prior to constitution of FH
- H&L was occupied before August 3, 1988 with no judicial or extrajudicial act to constitute as FH.
- debt incurred in the amount of 500k on 1987
on 2000 when obligation fell due, A argues that the H&L constituted a FH because of the effectivity of the FH.
Tenable?
- if debt before FH [&] before FC effective & no extra-judicial/judicial act, then not protected
Debt falls under the exception (art. 155), what is the effect of the FH sold?
the entire value of the FH will be used to pay off the creditor’s claim without leaving any for the family
compare Art. 155 (XPN) to Art. 160 (exceeds due to voluntary)
(a) — what is the process for Creditor
[B] how is the sale to be applied?
- By application of the Creditor obtaining judgment in his favor, and
- has **reasonable grounds FH is worth more than maximum amount fixed
- he may apply to that court for an order directing the sale of property under execution
provided that;
- the amount exceeds maximum amount allowed, and
- results from voluntary improvements introduced
[b]
1. proceeds first applied to amount of FH, and then
2. liabilities under the judgment and costs
3. excess delivered to judgment debtor
how is the proceeds to be distributed
[1]
- FH at constitution: 300k
- debt incurred BEFORE constitution worth 500k
[2]
- FH at constitution: 300k
- FH 10 years after: 1M
- debt incurred is 1M
[1]
Applying Article 155, the entire proceeds of the sale of the FH will be given to the creditor
[2]
Applying Art. 160, 300k to the beneficiaries and the remaining 700k to the creditors
Requisites for Article 160 to apply;
- there was an increase in its actual value
- the increase in value resulted from voluntary improvements introduced by the person constituting it,
TN: involuntary improvements will continue the protection of the FH still
Persons whose consent is necessary for the disposition of the FH (158)
WRITTEN consent of;
- person constituting the FH
- spouse of the person constituting the FH
- Majority of the beneficiaries of legal age
Effect if FH is disposed without all the consent
GR (Rabuya)
GR (Atty. T)
XPN
GR: Art. 158 is silent however the alienation in excess of the value is valid but void for the 300k (Rabuya)
- FH worth 300k, disposed for 500k. The 200k is valid while 300k is void.
GR (T): UNENFORCEABLE it is akin to sale without authority therefore it is unenforceable because you cannot transfer ownership in a void transaction
XPN:
Disposition of FH under an ACP/CPG without consent of the spouse thus VOID