G.R. No. 172263. July 9, 2008.

SPOUSES AUTHER G. KELLEY, JR. and DORIS A.

KELLEY, complainants, vs. PLANTERS PRODUCTS, INC.
and JORGE A. RAGUTANA,1 respondents.

Civil Law; Family Code; Family Home; Execution; A family

home is generally exempt from execution provided it was duly
constituted as such.—Petitioners anchor their action in Civil Case
No. 2000-0188 on their contention that TCT No. 15079 is the
Kelley family home. No doubt, a family home is generally exempt
from execution provided it was duly constituted as such. There
must be proof that the alleged family home was constituted jointly
by the husband and wife or by an unmarried head of a family. It
must be the house where they and their family actually reside
and the lot on which it is situated. 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 latter’s consent, or on the property of the unmarried head of
the family. The actual value of the family home shall not exceed,
at the time of its constitution, the amount of P300,000 in urban
areas and P200,000 in rural areas.
Same; Same; Same; Same; All existing family residences as of
August 3, 1988 are considered family homes and are prospectively
entitled to the benefits accorded to a family home under the Family
Code.—Under the Family Code, there is no need to constitute the
family home judicially or extrajudicially. All family homes
constructed after the effectivity of the Family Code (August 3,
1988) are constituted as such by operation of law. All existing
family residences as of August 3, 1988 are considered family
homes and are prospectively entitled to the benefits accorded to a
family home under the Family Code.
Same; Same; Same; Same; Debts for which the family home is
made answerable must have been incurred prior to August 3, 1988;

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* FIRST DIVISION.
 1 In other parts of the Rollo, respondent Jorge A. Ragutana’s first name was
spelled as “George” and his last name was spelled as “Regutana.”

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500 SUPREME COURT REPORTS ANNOTATED

KIelley, Jr. vs. Planters Products, Inc.

Otherwise, the alleged family home must be shown to have been

constituted either judicially or extrajudicially pursuant to the Civil
Code.—The exemption is effective from the time of the
constitution of the family home as such and lasts as long as any of
its beneficiaries actually resides therein. Moreover, the debts for
which the family home is made answerable must have been
incurred after August 3, 1988. Otherwise (that is, if it was
incurred prior to August 3, 1988), the alleged family home must
be shown to have been constituted either judicially or
extrajudicially pursuant to the Civil Code.
Same; Same; Same; Same; Rule is not absolute; Exceptions
Provided by the Family Code.—The rule, however, is not absolute.
The Family Code, in fact, expressly provides for the following
exceptions: Article 155. The family home shall be exempt from
execution, forced sale or attachment except: (1) For non-payment
of taxes; (2) For debts incurred prior to the constitution of the
family home; (3) For debts secured by a mortgage 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.

PETITION for review on certiorari of the decision of the

Court of Appeals.
   The facts are stated in the opinion of the Court.
  Edwin A. Hidalgo for petitioners.
  Dominador Santiago for private respondents.

RESOLUTION

CORONA, J.:
Petitioner Auther G. Kelley, Jr. (Auther) acquired
agricultural chemical products on consignment from
respondent Planters Products, Inc. (PPI) in 1989. Due to
Auther’s failure to pay despite demand, PPI filed an action
for sum of money against him in the Regional Trial Court
of Makati City, Branch 57 (RTC Makati City). This was
docketed as Civil Case No. 91-904.
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KIelley, Jr. vs. Planters Products, Inc.

After trial on the merits, the RTC Makati City decided

in favor of PPI and issued a writ of execution. Pursuant
thereto, respondent sheriff Jorge A. Ragutana sold on
execution real property covered by TCT No. 15079 located
in Naga City. A certificate of sale was issued in favor of PPI
as the highest bidder.
After being belatedly informed of the said sale,
petitioners Auther and his wife Doris A. Kelley (Doris) filed
a motion to dissolve or set aside the notice of levy in the
RTC Makati City on the ground that the subject property
was their family home which was exempt from execution.
Petitioners’ motion was denied for failure to comply with
the three-day notice requirement.
Subsequently, petitioners filed a complaint for
declaration of nullity of levy and sale of the alleged family
home with damages against Ragutana and PPI in the
Regional Trial Court of Naga City, Branch 19 (RTC Naga
City). This was docketed as Civil Case No. 2000-0188. The
case was, however, dismissed for lack of jurisdiction and
lack of cause of action. The dismissal was upheld by the
CA.
Petitioners now come to us in this petition for review on
certiorari contending that the CA erred in upholding the
dismissal of Civil Case No. 2000-0188 by the RTC Naga
City. They claim that Doris was a stranger2 to Civil Case
No. 91-904 (in the RTC Makati City) who could not be
forced to litigate therein.
Petitioners anchor their action in Civil Case No. 2000-
0188 on their contention that TCT No. 15079 is the Kelley
family home. No doubt, a family home is generally exempt
from execution3 provided it was duly constituted as such.
There must be proof that the alleged family home was
constituted jointly by the husband and wife or by an
unmarried head of a

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2 Rollo, p. 15.
3 Rules of Court, Rule 39, Sec. 13 (a).

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502 SUPREME COURT REPORTS ANNOTATED
KIelley, Jr. vs. Planters Products, Inc.

family.4 It must be the house where they and their family

actually reside and the lot on which it is situated.5 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 latter’s consent, or on
the property of the unmarried head of the family.6 The
actual value of the family home shall not exceed, at the
time of its constitution, the amount of P300,000 in urban
areas and P200,000 in rural areas.7
Under the Family Code, there is no need to constitute
the family home judicially or extrajudicially. All family
homes constructed after the effectivity of the Family Code
(August 3, 1988) are constituted as such by operation of
law. All existing family residences as of August 3, 1988 are
considered family homes and are prospectively entitled to
the benefits accorded to a family home under the Family
Code.8
The exemption is effective from the time of the
constitution of the family home as such and lasts as long as
any of its beneficiaries actually resides therein.9 Moreover,
the debts for which the family home is made answerable
must have been incurred after August 3, 1988. Otherwise
(that is, if it was incurred prior to August 3, 1988), the
alleged family home must be shown to have been
constituted either judicially or extrajudicially pursuant to
the Civil Code.

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4 Family Code, Art. 152.

5 Id.
6 Id., Art. 156.
7 Id., Art. 157.
8 Manacop v. Court of Appeals, 342 Phil. 735, 742; 277 SCRA 57, 64
(1997). This was in reference to Article 162 of the Family Code which
provides: “Art. 162. The provisions of this Chapter shall also govern
existing family residences insofar as said provisions are applicable.”
9 Modequillo v. Breva, G.R. No. 86355, 31 May 1990, 185 SCRA 766,
771.

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VOL. 557, JULY 9, 2008 503

KIelley, Jr. vs. Planters Products, Inc.
 The rule, however, is not absolute. The Family Code, in
fact, expressly provides for the following exceptions:

“Article 155. The family home shall be exempt from

execution, forced sale or attachment except:
(1) For non-payment of taxes;
(2) For debts incurred prior to the constitution of the
family home;
(3) For debts secured by a mortgage 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.
xxx xxx xxx
Article 160. When a creditor whose claim is not among those
mentioned in Article 155 obtains a judgment in his favor, and he
has reasonable grounds to believe that the family home is actually
worth more than the maximum amount fixed in Article 157, he
may apply to the court which rendered the judgment for an order
directing the sale of the property under execution. The court shall
so order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum
amount allowed by law in Article 157 and results from subsequent
voluntary improvements introduced by the person or persons
constituting the family home, by the owner or owners of the
property, or by any of the beneficiaries, the same rule and
procedure shall apply.
xxx xxx x x x”

We grant the petition only to the extent of allowing

petitioners to adduce evidence in the trial court that TCT
No. 15079 is in fact their family home as constituted in
accordance with the requirements of law. This is in
consonance with our ruling in Gomez v. Sta. Ines10 where
we held:

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10 G.R. No. 132537, 14 October 2005, 473 SCRA 25, 38.

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504 SUPREME COURT REPORTS ANNOTATED

KIelley, Jr. vs. Planters Products, Inc.
“[The husband and children] were not parties to the Pasig RTC
case and are third-party claimants who became such only after
trial in the previous case had been terminated and the judgment
therein had become final and executory. Neither were they
indispensable nor necessary parties in the Pasig RTC case, and
they could not therefore intervene in said case. As strangers to
the original case, respondents cannot be compelled to present
their claim with the Pasig RTC which issued the writ of
execution. x x x”

In said case, the alleged family home was sold on

execution by the sheriff of the Pasig RTC. The husband and
children of the judgment debtor filed a complaint for
annulment of sale of the levied property in Bayombong,
Nueva Vizcaya where the alleged family home was
situated. As they were considered strangers to the action
filed in the Pasig RTC, we ruled that the Nueva Vizcaya
RTC had jurisdiction over the complaint and that they
could vindicate their alleged claim to the levied property
there.11
WHEREFORE, Civil Case No. 2000-0188 captioned
Spouses Auther G. Kelley, Jr. and Doris A. Kelley v.
Planters Products, Inc. and Jorge A. Ragutana is hereby
REINSTATED and this case is hereby REMANDED to the
Regional Trial Court of Naga City, Branch 19 for
determination whether or not the property covered by TCT
No. 15079 is a duly constituted family home and therefore
exempt from execution.
SO ORDERED.

Puno (Chairperson), Carpio, Azcuna and Leonardo-De

Castro, JJ., concur.

Civil Case No. 2000-0188 reinstated and remanded to

Regional Trial Court of Naga City, Branch 19.

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11 Despite this pronouncement, however, the complaint was dismissed

because evidence was adduced that the alleged family home was not
constituted as such before the debt was incurred.

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KIelley, Jr. vs. Planters Products, Inc.

Note.—A family home is a real right which is

gratuitous, inalienable and free from attachment,
 constituted over the dwelling place and the land on which
it is situated and it cannot be seized by creditor except in
certain special cases. (Taneo vs. Court of Appeals, 304
SCRA 308 [1999])
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