Spec Pro Class 2020

FACTS:

The sheriff levied on a parcel of residential land located at Poblacion Malalag, Davao del Sur on July 1988, registered in the name of Jose Mondequillo and a parcel of agricultural land located at Dalagbong Bulacan, Malalag, Davao de Sur also registered in the latter’s name. The latter filed a motion to quash the levy of execution alleging therein that the residential land is where the family home is built in 1969 and that such is exempt from execution, forced sale or attachment, provided in Articles 152 and 153 of the Family Code. However, in 1988, the RTC denied the motion. A Motion for Reconsideration was filed thereof but was again denied. Hence, this present case. Petitioner asserts that the residential house and lot was first occupied as his family residence in 1969 and was duly constituted as a family home under the Family Code.

 

ISSUE:

Whether or not the subject property is deemed to be a family home.

 

RULING:

The petitioner’s contention that it should be considered a family home from the time it was occupied by petitioner and his family in 1969 is not well-taken. If the family actually resides in its premises, it is therefore a family home as contemplated by law. In the present case, the residential house and lot of petitioner was not constituted as a family home whether judicially or extradjudicially under the Civil Code. it became a family home by operation of law only under Article 153 of the Family Code, upon the effectivity of the same. However, the contention of petitioner that it should be considered a family home from the time it was occupied in 1969 cannot be well taken. Under Article 162 of the FC, it is provided that all existing family residences at the time of the effectivity of the FC are considered family homes and are prospectively entitled to benefits; it does not state that the provisions of it has a retroactive effect.