A person may constitute, or be the beneficiary of, only one family home for purposes of availing the benefits of a family home. (Art. 161, FC)
Friday, January 31, 2014
What happens if the person constituting the family home dies?
If there are beneficiaries who survive and are living in the family home, it will continue for 10 years, unless at the expiration of 10 years, there is still a minor beneficiary, in which case the family home continues until that beneficiary becomes of age. (Patricio vs. Dario, G.R. No. 170829, November 20, 2006)
The family home shall continue for a period of ten (10) years or for as long as there is a minor beneficiary. 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. (Art. 159, FC)
What is the duration of the exemption against execution enjoyed by the family home?
The exemption is effective from the time of the constitution of the family home as such, and lasts so long as any of its beneficiaries actually resides therein. (Art. 153, FC)
What are the requisites to be a beneficiary of the family home?
To be a beneficiary of the family home, three requisites must concur:
(1) they must be among the relationships enumerated in Art. 154 of the Family Code;
(2) they live in the family home; and
(3) they are dependent for legal support upon the head of the family. (Patricio vs. Dario, G.R. No. 170829, November 20, 2006)
Who are the beneficiaries of the family home?
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. (Art. 154,FC)
Can the family home be sold or otherwise alienated? Under what conditions?
The family home may be sold, alienated, donated, assigned or encumbered by the owner or 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. (Art. 158, FC)
When should the protection against execution, forced sale or attachment enjoyed by the family home be invoked?
● At no other time can the status of a residential house as a family home can be set up and proved and its exemption from execution be claimed but before the sale thereof at public auction. (Sps. De Mesa v. Sps. Acero, G.R. No. 185064, 16 January 2012)
● While it is true that the family home is constituted on a house and lot from the time it is occupied as a family residence and is exempt from execution or forced sale under Article 153 of the Family Code, such claim for exemption should be set up and proved to the Sheriff before the sale of the property at public auction. Failure to do so would estop the party from later claiming the exemption. (Honrado v. Court of Appeals, G.R. No. 166333, November 25, 2005)
● The settled rule is that the right to exemption or forced sale under Article 153 of the Family Code is a personal privilege granted to the judgment debtor and as such, it must be claimed not by the sheriff, but by the debtor himself before the sale of the property at public auction. (Honrado v. Court of Appeals, ibid.)
Subscribe to:
Posts (Atom)