Family home, covered by execution

Family home, covered by execution "I have a dispute with Jean involving the ownership of a certain land where my family resides. This resulted in the filing of an ejectment case against us. My husband died while the case was pending. Jean eventually won the case and was declared as owner of said property. We are now being evicted from the said house, but my neighbor told me that we could not be evicted from the house since this is our family home. According to him, such property is exempted from execution. Please enlighten me on the matter. BernineDear Bernine, The provisions of law governing the family home are found under the following articles of the Family Code of the Philippines:“Article 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. “Article 153. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except hereinafter provided and to the extent of the value allowed by law.”The above requirements of the law were further expounded in the case of Salazar vs Felias (GR 213972, Feb. 5, 2018), where the Supreme Court through Associate Justice Andres Reyes Jr., stated that: “However, the claim that the property is exempt from execution for being the movant’s family home is not a magic wand that will freeze the court’s hand and forestall the execution of a final and executory ruling. It must be noted that it is not sufficient for the claimant to merely allege that such property is a family home. Whether the claim is premised under the Old Civil Code or the Family Code, the claim for exemption must be set up and proved.“In fact, in Ramos, et al. v[s] Pangilinan, et al., the Court, citing Spouses Kelley Jr. v[s] Planters Products Inc., et al., laid down the rules relative to the levy on execution of the family home, viz.:“No doubt, a family home is generally exempt from execution provided it was duly constituted as such. There must be proof that the alleged family home was constituted jointly by the husband and wife or by an unmarried head of a family. It must be the house where they and their family actually reside and the lot on which it is situated. 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 latter’s consent, or on the property of the unmarried head of the family. The actual value of the family home shall not exceed, at the time of its constitution, the amount of P300,000 in urban areas and P200,000 in rural areas.“In addition, residence in the family home must be actual. The law explicitly mandates that the occupancy of the family home, either by the owner thereof, or by any of its beneficiaries must be actual. This occupancy must be real, or actually existing, as opposed to something merely possible, or that which is merely presumptive or constructive.” Applying the above-cited decision in your situation, by just claiming that your property is a family home in order to be exempt from execution is not enough. It is necessary to prove the following: there must be proof that the family home is constituted jointly by the husband and the wife or unmarried head of a family family home must be a part of the absolute community of property/conjugal property or exclusive property of either spouse with the latter’s consent and the value at the time of the constitution shall not exceed P300,000 in urban areas and P200,000 in rural areas.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our narration of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/