Before the effectivity of the Family Code on August 3, 1988, a family home can constituted either judicially or extra-judicially as provided under Articles 225, 229-231 and 233 of the Civil Code. Judicial constitution of the family home requires the filing of a verified petition before the courts and the registration of the court’s order with the Registry of Deeds of the area where the property is located. Meanwhile, 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. (Sps. De Mesa v. Sps. Acero, G.R. No. 185064, 16 January 2012)
After the effectivity of the Family Code: Under the Family Code, a family home is deemed constituted on a house and lot from the time it is occupied as a family residence. There is no need to constitute the same judicially or extrajudicially as required in the Civil Code. (Modequillo vs. Breva, GR. No. 86355, May 31, 1990) All family homes constructed after the effectivity of the Family Code are constituted as such by operation of law. All existing family residences as of August 3, 1988 are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. (Kelley, Jr. v. Planters Products, Inc., G.R. No. 172263, July 9, 2008, 557 SCRA 499)
