Text of the provision
Art. 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 as hereinafter provided and to the extent of the value allowed by law.
(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
Under the Family Code, no deed or court filing is needed to create a family home. It is deemed constituted automatically from the moment the house and lot are occupied as a family residence. This changed the old law, which required a formal, recorded constitution.
Once constituted, and for as long as any beneficiary actually lives there, the home is exempt from execution, forced sale and attachment — the shield that protects the family's roof from most creditors. The protection has two boundaries: the exceptions listed in Article 155, and the value ceiling in Article 157.
Questions about this provision
Related provisions
- Article 155 — the debts that defeat the exemption.
- Article 157 — the value limits of the exemption.
Cases citing this article
- Cesar D. Taruc vs. Angelina D. Maximo, Maricel Buenaventura, George Jordan, and Jennifer Burgos, G.R. No. 227728, September 28, 2022 — read the decision on LawPhil →
- Sps. Araceli Oliva-De Mesa and Ernesto De Mesa vs. Sps. Claudio D. Acero, Jr. and Ma. Rufina D. Acero, et al, G.R. No. 185064, January 16, 2012 — read the decision on LawPhil →
- Jose E. Honrado vs. Court of Appeals, et al, G.R. No. 166333, November 25, 2005 — read the decision on LawPhil →
- Spouses Eduardo and Elsa Versola vs. Hon. Court of Appeals, et al, G.R. No. 164740, July 31, 2006 — read the decision on LawPhil →
- Pablito Taneo, Jr., et al. vs. Court of Appeals, et al, G.R. No. 108532, March 9, 1999 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.