.

any conjugal obligation in favour of the family can be collected of any of the
spouses. X borrowed money from A and B and A and b are husband and wife.
Questions, can A solely file a suit against he debtor. Answer yes. Can the debtor
claim that B should be included becausehe is an indispensable party answer no. if
the conjugal partnership of property of the A and B is the one claimed
And then we have the earnest effort rule. You also have that in the remedial law.
Cases between husband and wife, cases bet. Parents and children normally must
require prior earnest efforts if prior earnest efforts were not made, it is a ground to
dismissal. There are certain exceptions to the rule and the rule is if it involves the
validity of the marriage, legal sep, if it involves jurisdiction, inheritance, support or
when a related to theparty is impleaded in the case. For example, father is
creditor, son is the debtor. But the debt redounded to the benefit of the family of the
son. So now, father filed suit against the son and the sons wife because it
redounded to the benefit of the family, the husband and the wife being the
personification of the community property. So the son moved to dismiss the case
because now the wife who has been impleaded in the case is the creditor or the
question is must there earnest efforts be made? The sc said that a wife, is a
stranger and if a wife is impleaded then there is no need for earnest efforts. So if
the wife is in effect . So if the wife is in the suit, then thre is no need for earnest
efforts. That is your, Hontiveros vs RTC. That is the rule now, ever since. Not ever
since, since 15 years ago. Since during my time, a wife is impleaded, there is a need
for earnest efforts. The sc at that time said, but not anymore because of
Hontiveros. B the spouse has no need for earnest efforts.
For example, and the law says no suit between the members of the same family
unless there is a verified complaint or petition saying that there is an earnest efforts
toward the compromise. What if it is not verified? Pero ngayon lahat na may
verification na ng petitioner, in cert.of the forum shopping, but anyway that is
allowable also, sabi ng SC that is not a fatal defect. Just let the party.. and of course
you know there is the prescription does not .. between the husband and the wife
except in the cases mentioned in the family code like legalsep, revocation of
donation or even annulment. Any other case, there is no prescription unless
otherwise provided by the family code. Also there is no prescription, neither the
prescription run between the parents and children during the insanity of the latter
and between the guardian and ward during the.

So the family home. What are the basic things you should know in the family home.
What is the family home anyway? The family home is the house and lot. Not only
the house it includes the lot. Family home is house and lot number 2, what is the
operative act of occupancy? Only one occupation, they must be inside the house.
There is no such thing as constructive occupancy. Number 3, who they be occupy?
Those who occupy being considered the actual occupants are of course the husband

and wife, the one who owns the property and even the beneficiaries. That is why we
have enumeration of the beneficiaries there, it is very important. And when does
the family home be constituted only in the absolute or the conjugal partnership
property or in the separate property of the head of the family. Let us put that into
operation. Number 1, only actual occupancy. So you have this particular case of the
owner of the property who said that my grinder as there since January. To stay in
that place in the meantime, I finally occupied it in march so the question is when is
it instituted as a family home, in March not in January. Attorney in fact, si atty
ganyan, on my behalf, may document pa kami, sige because there is no such thing
as constructive occupancy. It must be actual occupancy.for example, is a boat be
constituted as a family home? Cannot be. Because a family home is a house and lot.
You are living in an apartment. For 100 years. You are living with your family, can
that be constituted as a family home? It cannot. You are a leasee, because family
home can be constituted in an absolute or conjugal or in a separate property. It
cannot be constituted in anywhere else. And another jurisdictional requirement is
the amount. The family home must be 300k urban, 200k rural. At what point in
time, at the time of occupancy. But late the decrease in value, that is fine but at the
time of occupancy that should be the amount. Otherwise technically it is a home but
not a family home under FC which will be benefitted with so much privileges like
exemption of execution as a general rule, and talking about the execution, there are
two types of creditors. The special and the ordinary. And according to your law, the
special creditors who are the govt for non payment of taxes or of debt prior to the
constitution of family home. Or creditors regarding debts on the mortgage on the
premises or debts to laborers, architects etc, they are special creditors because
when worst comes to worst and the family home is the only property, can this
special creditors .. sabi ng batas, the family home is exempt from execution, force
sale or attachment except to those of the creditors. Special because the amount of
foreclosure is as to the extent of the proceeds of sale. the whole amount. In short
walang matitira, that is why they are sospecial. the general rule is that the family
home cannot be executed and the ordinary creditors who execute the family home,
there are requirements. He must show that after judgment, when becomes final,
there is absolutely no more property to satisfy so that they will apply to the court.
And even if it is granted by the court, there is a minimum amount 300k and 200k,
as the case may be urban or rural, that will be given to the owners of the family
home. So kahit yun meron pa ring special rules. For example the family home, sa
mga special creditors walang problema, talagang ma-eexecute talaga yun class. For
a simple case of damages, damages in a business where also asked to pay for
damages. No more property to execute except the family home. You are an ordinary
creditor. General rule you cannot execute provided that you show that there are no
more property so the question is, if you are now the owner of the family home as
a gain as ordinary creditor, who was able to get a special order from the court to
execute the family home because you follow the requirement and you did not timely
invoke that it is a family home. Can it be estopped can you be considered to have

waived the privilege, the answer is yes. His privilege as a family home can be
waived, can be subject to estoppel and even be subject to laches. And that is
because it is a personal right and that is your Versola vs CA,fortaleza vs Llapitan,
.. Joseph vs Santos. Ypu must invoke the fact it is a family home given the
privilege at the earliest possible time. Supposed you are the sheriff, alam na alam
no na it is a family home, at the earliest possible time invoked by the sheriff. Does
the sheriff has the personality to invoke? The answer is no. Case of either Olivia or
Fortaleza. So therefore, question, foreclosure. Ordinary creditor you have to prove
that there are no more properties to satisfy the debt and even 300k, 200k. and if
you want to invoke

If the right to family home is a personal right, it must be invoked by the owner or
the spouse. Not the sheriff. If your not a family home under civil code, judicial or
extra-judicial constitution on agust 3, 1988 you become a family home.
You must remember that beneficiaries are the Husband and the wife and the
unmarried person.. the house and then it is actual constitution.
Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, this is the condition: who are living in the
family home and who depend upon the head of the family for legal support. The
family can be owned by the husband and wife, or an unmarried person who is the
head of a family. Beneficiaries, parents, ascendants, descendants, brothers and
sisters, first who are living in the family home and second, who depend upon the
head of the family for legal support. Patricio vs Dario. A single father, may anak sya
kay B. si B maraming anak, syempre Filipino culture, nakatira sa isang bahay, sa
bahay ni A. but A does own the house, he is the head, he is the unmarried person,
the head of the family for the purpose of the family home. He obtained support from
B the father, so therefore, and C is a minor. So B has a brother, X, of the same. So
namatay na si A. sabi ni X, oh dead na si father, we are the heirs of our father. We
wil divide the property including the family home. B said you cannot divide because
according to the law as long as there is a minor beneficiary, it cannot be divided.
That is the limitation. 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 beneficiary. Sabi ni B, we live here, .. is still a minor.
Question, is B correct, should X correct, Sc said in patricio vs dario, X is correct, not
B. correct that C is a minor, the apo, but is he a beneficiary. So let us look at the
definition of the beneficiaries.arents, ascendants, descendants, decendants nga si
apo. First requirement, who are living in the family home, but look at the second
requirement, who depend upon the head of the family for legal support. For purpose
of the family home, the head is the owner of that house is the grandfather who is
dead, not B. so inshort, C, the apo, does not depend on A who died. B is not the
head of the family. For purposes of the family home. Lalabas to sa bar class.

Elements are important. First element,iving in the family home, second element,
who depend upon the head of the family for legal support.
There are certain other limitations, the actual value of the family home shall not
exceed, at the time of its constitution, the amount of the three hundred thousand
pesos in urban areas, and two hundred thousand pesos in rural areas, or such
amounts as may hereafter be fixed by law.
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 latter's spouse, and a majority of the beneficiaries of legal age. In case of
conflict, the court shall decide.
So dito sa ating family code, the family home is 200, 300k, but for tax purposes is
1million diba class o be exempted from computing the
Legitimate children, when we talk about legitimacy and illegitimacy, you talk about
blood relation. If a child is not connected to you by blood 25:00