ARTICLE 154-155


ARTICLE 154
 The beneficiaries of a family home are;
1.    The husband and wife, or an unmarried person who is an head of a family; and
2.    Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate,who are living in the family home and who depend upon the head of the family for legal support.(226a)

  The law merely enumerates the beneficiaries of the family home.
ARTICLE 155
The family home shall be exempt execution, forced sale or attachment except;
1. For non-payment of taxes;
2. For debts incurred prior to the constitution of the family home;
3. For debts secure by mortgages on the premises before or after such constitution; and
4.For debts due to laborers, mechanics, architects, builders, materialment and others who have rendered service or furnished material for the construction of the building (243a)


EXPLANATION:

“Under the Family Code, a family home is deemed constituted on a house and lot from the time it is occupied as a family residence. There is no need to constitute the same judicially or extrajudicially as required in the Civil Code. If the family actually resides in the premises, it is, therefore, a family home as contemplated by law. Thus, the creditors should take the necessary precautions to protect their interest before extending credit to the spouses or head of the family who owns the home.

The beneficiaries of a family home are:
(1)            The husband and wife, or an unmarried person who is the head of the family; and
(2)            Their parents, ascendants, descendants, brothers   and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for lead support.”
This enumeration may include the in-laws where the family home is constituted jointly by the husband and wife. But the law definitely excludes maids and overseers. They are not the beneficiaries contemplated by the Code. Consequently, occupancy of a family home by an overseer. 


The exemption provided as aforestated is effective from the time of the constitution of the family home as such, and lasts so long as any of its beneficiaries actually resides therein.


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