Title V same have failed appears in the verified
THE FAMILY
Chapter 1
THE FAMILY AS AN INSTITUTION
Art. 149. The family, being the foundation of
the nation, is a basic social institution which public
policy cherishes and protects. Consequently, family
relations are governed by law and no custom, practice
or agreement destructive of the family shall be
recognized or given effect. (216a, 218a)
Art. 150. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the
full or half-blood. (217a)
General Rules
The family is an institution that is governed by law
The internal aspect of the family is sacred and
inaccessible to law because law must respect the
freedom of action of man.
Art. 151. No suit between members of the
same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts
toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
were in fact made, the case must be dismissed.
This rule shall not apply to cases which may
not be the subject of compromise under the Civil Code.
(222a)
General Rules
Q: What are the requisites before a suit between
members of the same family may prosper?
Suit between members of the same family shall
prosper only if it shall appear in a verified
complaint or petition that:
o Earnest efforts towards
compromise have been made;
o Such efforts have failed; and
o The fact that earnest effort toward a
compromise have been made but the
complaint or petition.
The case will be dismissed if it is shown that
no such efforts were made.
Magbalela v. Gonong
L-44903, Apr. 25, 1977
If a stranger is a party to a case between close
relatives, there is no need to assert or allege earnest
efforts at a compromise. The stranger may not be
willing to be inconvenienced by the delay, and it is not
fair that his rights should depend on the way the
relatives would settle their differences.
Exceptions
o The general rule shall not apply to cases which
may not be the subject of compromise.
o The following cannot be subject of
compromise: (Art 2035)
1. Civil status of persons,
2. Validity of marriage or a legal
separation,
3. Any ground for legal separation,
4. Future support (as it is presumed to
be needed for the survival of the one
receiving support),
5. Jurisdiction of courts,
6. Future legitime
Margaret Versoza, et al. v. Jose Ma. Versoza
L-25609, Nov. 27, 1968
FACTS: Margaret Versoza and her children sought
support (past, present, and future) from the husband,
Jose Ma. Versoza on the ground that he had abandoned
them, and was maintaining illicit relations with another
woman. Defendant husband sought dismissal of the
case on the ground that the complaint did NOT STATE
that earnest efforts have been made towards a
a compromise.
HELD: The case should be allowed to continue, in view
of the following reasons:
(1) While the case involves past, present, and future
support, it should be noted that FUTURE SUPPORT is
also asked for. This is something on which there can be
NO COMPROMISE. Hence, there is no necessity of
alleging in the complaint that there were earnest efforts
to arrive at a compromise.
(2) The rule that such efforts at a compromise should
have been made as a condition precedent before a suit
between members of the same family can be
entertained (Art. 222) applies only to cases that can be
compromised. (Mendoza v. Court of Appeals, 63 O.G.
10105). Similarly, Sec. 1(j), Rule 16 of the Rules of Court,
which states that failure to exert earnest efforts at a
compromise is a ground for a motion to dismiss
likewise applies only to cases which can be
compromised.
(3) Even if it was error on the part of the plaintiffs to
have failed to allege the earnest efforts at a
compromise still in the interest of substantial justice,
the plaintiffs should be allowed to amend the
complaint. This is not a case of lack of jurisdiction; this
merely seeks to complete the statement of a cause of
action.
Chapter 2
THE FAMILY HOME
Q: What is meant by family home and how is it
constituted?
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)
Reason When creditors seize the family house, they
virtually shatter the family itself.
Q: Can FH be constituted on a house constructed on a
land belonging to another?
A: No.
Reason: The land where the house is erected is an
integral part of the home and the home should be
permanent in character.
Note: A house constructed on rented land or by
tolerance of the owner is not a permanent
improvement on the land and the home will thus be
temporary.
Q: When is it deemed constituted?
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 beneciaries
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)
Q: Who are the beneficiaries of a family home??
Art. 154. The beneciaries of a family home
are:
(1) The husband and wife, or an unmarried
person who is the 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)
Q: What are the exceptions to the rule that the family
home is exempt from execution, forced sale or
attachment?
Art. 155. The family home shall be exempt
from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution
of the family home;
(3) For debts secured by mortgages on the
premises before or after such constitution; and
(4) For debts due to laborers, mechanics,
architects, builders, materialmen and others who have
rendered service or furnished material for the
construction of the building. (243a)
Art. 156. The family home must be part of the
properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either
spouse with the latters consent. It may also be
constituted by an unmarried head of a family on his or
her own property.
Nevertheless, property that is the subject of a
conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family
home. (227a, 228a)
Q: What is the value of the family home?
upon it by the law. The rights of the individual co-owner
or owner of the family home cannot subjugate the
rights granted under Article 159 to the beneficiaries of
the family home. [Arriola v. Arriola (2008)]

Art. 157. The actual value of the family home

shall not exceed, at the time of its constitution, the
amount of three hundred thousand pesos in urban
areas, and two hundred thousand pesos in rural areas,
or such amounts as may hereafter be xed by law.

In any event, if the value of the currency

changes after the adoption of this Code, the value
most favorable for the constitution of a family home
shall be the basis of evaluation.

For purposes of this Article, urban areas are

deemed to include chartered cities and municipalities
whose annual income at least equals that legally
required for chartered cities. All others are deemed to
be rural areas. (231a)

Q: When may the family home be sold?

Art. 158. The family home may be sold,

alienated, donated, assigned or encumbered by the
owner or owners thereof with the written consent of
the person constituting the same, the latters spouse,
and a majority of the beneciaries of legal age. In case
of conict, the court shall decide. (235a)

WHEN TERMINATED

Art. 159. The family home shall continue

despite the death of one or both spouses or of the
unmarried head of the family for a period of ten years
or for as long as there is a minor beneciary, and the
heirs cannot partition the same unless the court nds
compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or
constituted the family home. (238a)

General Rule

o Article 159 imposes the prohibition against

the immediate partition of the family home regardless
of its ownership. This signifies that even if the family
home has passed by succession to the co-ownership of
the heirs, or has been willed to any one of them, this
fact alone cannot transform the family home into an
ordinary property, much less dispel the protection cast