The Family and Family Home

Question 1

Under Art. 149 of the FC, how is family defined?

Answer 1

Being the foundation of the nation, is a basic social institution which public policy cherishes and protects

Question 2

Under Art. 150 of the FC, what are the family relations stated? (4)

Answer 2

1. Between husband and wife
2. Between parents and their children
3. Among other ascendants and descendants
4. Among brothers and sisters, full or half-blood

Question 3

Rule on legal disputes between family members under Art. 151 of the FC

Answer 3

No suit between family members shall prosper unless it appears in the verified complaint that earnest efforts toward a compromise hae been made but that the same have failed.

Question 4

Rules on constitution of the family home (6)

Answer 4

1. Jointly by the husband and wife or by an unmarried head of the family
2. From the time it is occupied as a family residence so long as any of its beneficiaries actually resides therein
3. Must be owned by the person constituting it
4. Permanent
5. Continues despite death of one or more spouses or unmarried head for 10 years or as long as there is a MINOR beneficiary (Art. 159)
6. Only one FH can be constituted at a time

Question 5

Who are the beneficiaries of a family home? (5)

Answer 5

1. Husband and wife, or unmarried head of the family
2. Parents (may include parent-in-laws)
3. Ascendants
4. Descendants
5. Brothers and sisters, legitimate or illegitimate

(For 2-5) Living in the FH AND dependent on head of family for support

Question 6

Value limits for FH under Art. 157

Answer 6

Urban area = P300,000.00
Rural area = P200,000.00

Question 7

Rule on subsequent improvements on FH

Answer 7

Still exempt if actual value at the time of constitution did not exceed threshold under Art. 157 AND the improvement does not result in an increase in its value EXCEEDING the threshold

Question 8

Exemptions of FH from execution under Art. 153 (3)

Answer 8

1. Execution
2. Forced Sale
3. Attachment

Question 9

Exceptions to the exemption of FH under Art. 155 (4)

Answer 9

1. Non-payment of taxes
2. Debts incurred prioer to constitution of home
3. Debts secured by mortgages on the premises
4. Debts due laborers, mechanics, architects, builders, materialmen, and others who have rendered service or furnished materials for the construction of the building
   TPML - Taxes, Prior, Mortgages, Laborers

Question 10

Rule on sale or disposition of FH under Art. 158 (4)

Answer 10

1. Person who constituted must give written consent
2. Spouse must also give written consent
3. Majority of beneficiaries of legal age must also give written consent
4. In case of conflict, court will decide

Question 11

Requisites for creditor to avail of rights under Art. 160 (3)

Answer 11

1. He must be a judgment creditor
2. Claim is not under Art. 155 exceptions
3. Has reasonable grounds to believe that the FH is worth more than the maximum amount fixed in Art. 157