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.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.