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CONSTITUTION OF
FAMILY HOMERULE 106 SUPERCEDED BY THE FAMILY CODE
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FAMILYIs the foundation of the nation
It is the basic social institution which
public policy cherishes and protects.
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FAMILY HOME
- IT IS CONSTITUTED JOINTLY BY THE
HUSBAND AND 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. ( ART.
152, FC)
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WHEN IS THE FAMILY HOME DEEMED
CONSTITUTED?
THE FAMILY HOME IS CONSTITUTED
ON A HOUSE AND LOT FROM THE
TIME IT IS OCCUPIED AS A FAMILY
RESIDENCE. IT CONTINUES AS SUCH SO LONG
AS ANY OF ITS BENEFICIARIES
ACTUALLY RESIDES THEREIN.
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EXEMPT FROM: EXECUTION
FORCED SALE
ATTACHMENT
EXCEPT: OTHERWISE PROVIDED
TO THE EXTENT OF THE VALUE ALLOWED BYLAW. ( ART. 153)
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VALUE OF THE FAMILY HOME
Art. 157.The actual value of thefamily home shall not exceed, atthe time of its constitution, theamount of three hundredthousand pesos in urban areas,and two hundred thousandpesos in rural areas, or suchamounts as may hereafter befixed by law.
In any event, if the value of thecurrency changes after theadoption of this Code, the.
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value most favorable for theconstitution of a family homeshall be the basis of evaluation.
For purposes of this Article,
urban areas are deemed toinclude chartered cities andmunicipalities whose annualincome at least equals thatlegally required for charteredcities. All others are deemed tobe rural areas
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CAN THE FAMILY HOME BE SOLD OR
ALIENATED?
Art. 158.The family home maybe sold, alienated, donated,assigned or encumbered by theowner or owners thereof with
the written consent of theperson constituting the same,the latters spouse, and amajority of the beneficiaries of
legal age. In case of conflict, the court
shall decide.
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WHAT IF THE UNMARRIED HEAD OF FAMILY
OR ONE OR BOTH SPOUSES DIE?
Art. 159. The family homeshall continue despite thedeath of one or both spouses
or of the unmarried head ofthe family for a period of tenyears or for as long as there isa minor beneficiary, and theheirs cannot partition thesame
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unless the court findscompelling reasons therefor.This rule shall apply
regardless of whoever ownsthe property or constitutedthe family home.
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