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RULE 106

CONSTITUTION OF FAMILY HOME

SECTIONS 1-2

SECTION 1 Who may constitute

      The head of a family owning a house and the land on which it is situated may constitute the same into a family home by filing a verified petition to that effect with the Court of First Instance of the province or city where the property is located. In the City of Manila, the petition shall be filed in the Juvenile and Domestic Relations Court.

 

       When there is danger that a person obliged to give support may lose his or her fortune because of grave mismanagement or on account of riotous living, his or her spouse, if any, and a majority of those entitled to be supported by him or by her may petition the Court of First Instance for the creation of the family home.

 

 

SECTION 2. Contents of petition.

 

      The petition shall contain the following particulars:

 

          (a) Description of the property;

          (b) An estimate of its actual value;

          (c) A statement that the petitioner is actually residing in the premises;

          (d) The encumbrances thereon;

        (e) The names and addresses of all the creditors of the petitioner or head of the family and of all mortgages and other persons who have an interest in the property;

           (f) The names of all the beneficiaries of the family home.

 

  • Applicable only to such proceedings which took place prior to the effectivity of the Family Code on August 3, 1988.

 

  • The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. No judicial or extrajudicial constitution is required

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SECTIONS 3-6

Note: The rule has already been repealed by the Family Code, which took effect on August 3, 1988.

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  • There is no need to constitute the family home judicially or extrajudicially. If the family actually resides in the premises, it is automatically considered as a family home as contemplated by law.

 

Article 157-162 of the Family Code of the Philippines

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Art. 157

 

Actual value of the Family Home:

  • Urban – P300,000

  • Rural – P200,000

 

If the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis for evaluation;

 

Art. 158

The family home may be:

  • Sold

  • Alienated

  • Donated

  • Assigned

  • Encumbered

 

Art. 159 

  • The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten (10) years

 

Art. 160

  • At the execution sale, no bid below the value allowed for  a family home shall be considered

 

Art. 161

  • For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home.

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  • The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.

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