Text of the provision
Art. 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.
(223a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
The family home is a specially protected asset, and this article defines it. It is the dwelling house where the family actually resides, together with the land it stands on. It may be constituted jointly by a married couple, or by an unmarried person who heads a family.
The definition matters because the protections that follow — above all the exemption from execution and forced sale — attach only to a genuine family home as defined here, not to any property the family happens to own.
Related provisions
- Article 153 — when the family home is deemed constituted and its exemption.
- Article 154 — who the beneficiaries of the family home are.
Cases interpreting this article
- Authorities on Article 152 will be added here as each is verified against primary sources.