The Family and The Family Home (Articles 149 to 162)

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Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement of the family shall be recognized or given effect.

Art. 150. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the f.

Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that toward a have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be .

This rule shall not apply to cases which may not be the subject of under the Civil Code.

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or by an , is the dwelling house where they and their family reside, and the land on which it is situated.

Art. 153. The family home is deemed constituted on a house and lot from the time it is . From the time of its constitution and so long as any of its actually resides therein, the family home continues to be such and is exempt from , forced sale or except as hereinafter provided and to the extent of the value allowed by law.

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the ; and

(2) Their parents, , descendants, brothers and sisters, whether the relationship be , who are living in the family home and who depend upon the head of the family for .

Art. 155. The family home shall be exempt from execution, except:

(1) For nonpayment of ;

(2) For incurred prior to the constitution of the family home;

(3) For debts secured by on the premises before or after such constitution; and

(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have or furnished material for the construction of the building.

Art. 156. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the . It may also be constituted by an on his or her own property.

Nevertheless, property that is the subject of a where ownership is reserved by the vendor only to of the purchase price may be constituted as a family home.

Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the in urban areas, and in rural areas, or such amounts as may hereafter be fixed by law.

In any event, if the after the adoption of this Code, the value for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include and municipalities whose annual income at least equals that legally required for chartered cities. All others are deemed to be .

Art. 158. The family home may be sold, , donated, assigned or by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a of legal age. In case of conflict, the court shall decide.

Art. 159. The family home shall continue despite the of one or both spouses or of the unmarried head of the family for a period of or for as long as there is a , and the heirs cannot the same unless the court finds therefor. This rule shall apply regardless of whoever owns the property or constituted the family home. (238a)

Art. 160. When a whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has to believe that the family home is actually worth more than the fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the . The court shall so order if it finds that the of the family home exceeds the maximum amount allowed by law as of the time of its constitution. If the actual value exceeds the maximum allowed in Article 157 and results from introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid allowed for a family home shall be considered. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the .

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, .

Art. 162. The provisions in this Chapter shall also govern insofar as said provisions are applicable.

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