answer, petitioner and his company entered into a compromise

THIRD DIVISION[G.R. No. 97898. August 11, 1997] agreement with private respondent, the salient portion of which
FLORANTE F. MANACOP, petitioner, vs. COURT OF APPEALS provides:
and E & L MERCANTILE, INC., respondents.
c. That defendants will undertake to pay the amount of P2,000,000.00 as
DECISION and when their means permit, but expeditiously as possible as their
collectibles will be collected. (sic)
PANGANIBAN, J.:
On April 20, 1986, the trial court rendered judgment approving
May a writ of execution of a final and executory judgment the aforementioned compromise agreement. It enjoined the parties
issued before the effectivity of the Family Code be executed on a to comply with the agreement in good faith. On July 15, 1986, private
house and lot constituted as a family home under the provision of respondent filed a motion for execution which the lower court granted
said Code? on September 23, 1986. However, execution of the judgment was
delayed. Eventually, the sheriff levied on several vehicles and other
personal properties of petitioner.In partial satisfaction of the
judgment debt, these chattels were sold at public auction for which
Statement of the Case
certificates of sale were correspondingly issued by the sheriff.
On August 1, 1989, petitioner and his company filed a motion to
This is the principal question posed by petitioner in assailing the quash the alias writs of execution and to stop the sheriff from
Decision of Respondent Court of Appeals[1] in CA-G.R. SP No. continuing to enforce them on the ground that the judgment was not
18906 promulgated on February 21, 1990 and its Resolution yet executory. They alleged that the compromise agreement had not
promulgated on March 21, 1991, affirming the orders issued by the yet matured as there was no showing that they had the means to pay
trial court commanding the issuance of various writs of execution to the indebtedness or that their receivables had in fact been
enforce the latters decision in Civil Case No. 53271. collected. They buttressed their motion with supplements and other
pleadings.
On August 11, 1989, private respondent opposed the motion on
The Facts the following grounds: (a) it was too late to question the September
23, 1986 Order considering that more than two years had elapsed;
(b) the second alias writ of execution had been partially
Petitioner Florante F. Manacop[2] and his wife Eulaceli
implemented; and (c) petitioner and his company were in bad faith in
purchased on March 10, 1972 a 446-square-meter residential lot with
refusing to pay their indebtedness notwithstanding that from
a bungalow, in consideration of P75,000.00.[3] The property, located
February 1984 to January 5, 1989, they had collected the total
in Commonwealth Village, Commonwealth Avenue, Quezon City, is
amount of P41,664,895.56. On September 21, 1989, private
covered by Transfer Certificate of Title No. 174180.
respondent filed an opposition to petitioner and his companys
On March 17, 1986, Private Respondent E & L Mercantile, Inc. addendum to the motion to quash the writ of execution. It alleged
filed a complaint against petitioner and F.F. Manacop Construction that the property covered by TCT No. 174180 could not be
Co., Inc. before the Regional Trial Court of Pasig, Metro Manila to considered a family home on the grounds that petitioner was already
collect an indebtedness of P3,359,218.45. Instead of filing an living abroad and that the property, having been acquired in 1972,
should have been judiciallyconstituted as a family home to exempt it 174180 was exempt from execution. On March 21, 1991, the Court
from execution. of Appeals rendered the challenged Resolution denying the
motion. It anchored its ruling on Modequillo v. Breva,[4] which held
On September 26, 1989, the lower court denied the motion to that all existing family residences at the time of the effectivity of the
quash the writ of execution and the prayers in the subsequent Family Code are considered family homes and are prospectively
pleadings filed by petitioner and his company. Finding that petitioner entitled to the benefits accorded to a family home under the Family
and his company had not paid their indebtedness even though they Code.
collected receivables amounting to P57,224,319.75, the lower court
held that the case had become final and executory. It also ruled that Applying the foregoing pronouncements to this case, the Court
petitioners residence was not exempt from execution as it was not of Appeals explained:
duly constituted as a family home, pursuant to the Civil Code.
Hence, petitioner and his company filed with the Court of The record of the present case shows that petitioners incurred the debt
Appeals a petition for certiorari assailing the lower courts Orders of of P3,468,000.00 from private respondent corporation on February 18, 1982
September 23, 1986 and September 26, 1989. On February 21, (Annex `A, Petition). The judgment based upon the compromise agreement
1990, Respondent Court of Appeals rendered its now questioned was rendered by the court on April 18, 1986 (Annex `C, Ibid). Paraphrasing
Decision dismissing the petition for certiorari. The appellate court the aforecited Modequillo case, both the debt and the judgment preceded
quoted with approval the findings of the lower court that: (a) the the effectivity of the Family Code on August 3, 1988. Verily, the case at bar
judgment based on the compromise agreement had become final does not fall under the exemptions from execution provided under Article
and executory, stressing that petitioner and his company had 155 of the Family Code.
collected the total amount of P57,224,319.75 but still failed to pay
their indebtedness and (b) there was no showing that petitioners Undeterred, petitioner filed the instant petition for review
residence had been duly constituted as a family home to exempt it on certiorari arguing that the Court of Appeals
from execution. On the second finding, the Court of Appeals added misapplied Modequillo. He contends that there was no need for him
that: to constitute his house and lot as a family home for it to be treated as
such since he was and still is a resident of the same property from
x x x. We agree with the respondent judge that there is no showing in the time it was levied upon and up to this moment.
evidence that petitioner Maacops residence under TCT 174180 has been
duly constituted as a family home in accordance with law. For one thing, it
is the clear implication of Article 153 that the family home continues to be The Issue
so deemed constituted so long as any of its beneficiaries enumerated in
Article 154 actually resides therein. Conversely, it ceases to continue as
such family home if none of its beneficiaries actually occupies it. There is As stated in the opening sentence of this Decision, the issue in
no showing in evidence that any of its beneficiaries is actually residing this case boils down to whether a final and executory decision
therein. On the other hand, the unrefuted assertion of private respondent is promulgated and a writ of execution issued before the effectivity of
that petitioner Florante Maacop had already left the country and is now, the Family Code can be executed on a family home constituted
together with all the members of his family, living in West Covina, Los under the provisions of the said Code.
Angeles, California, U.S.A.

Petitioner and his company filed a motion for reconsideration of The Courts Ruling
this Decision on the ground that the property covered by TCT No.
 We answer the question in the affirmative. The Court of Appeals (3) For debts secured by mortgages on the premises before or after such
committed no reversible error. On the contrary, its Decision and constitution; and
Resolution are supported by law and applicable jurisprudence.
(4) For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or
No Novel Issue furnished material for the construction of the building.

The exemption provided as aforestated is effective from the time of the

At the outset, the Court notes that the issue submitted for constitution of the family home as such, and lasts so long as any of its
resolution in the instant case is not entirely new. In Manacop v. Court beneficiaries actually resides therein.
of Appeals,[5] petitioner himself as a party therein raised a similar
question of whether this very same property was exempt In the present case, the residential house and lot of petitioner was not
from preliminary attachment for the same excuse that it was his constituted as a family home whether judicially or extrajudicially under the
family home. In said case, F.F. Cruz & Co., Inc. filed a complaint for Civil Code. It became a family home by operation of law only under Article
a sum of money. As an incident in the proceedings before it, the trial 153 of the Family Code. It is deemed constituted as a family home upon the
court issued a writ of attachment on the said house and lot. In effectivity of the Family Code on August 3, 1988 not August 4, one year
upholding the trial court (and the Court of Appeals) in that case, we after its publication in the Manila Chronicle on August 4, 1987 (1988 being
ruled that petitioner incurred the indebtedness in 1987 or prior to the a leap year).
effectivity of the Family Code on August 3, 1988. Hence, petitioners
family home was not exempt from attachment by sheer force of
The contention of petitioner that it should be considered a family home
exclusion embodied in paragraph 2, Article 155 of the Family Code
from the time it was occupied by petitioner and his family in 1960 is not
cited in Modequillo,where the Court categorically ruled:
well-taken. Under Article 162 of the Family Code, it is provided that `the
provisions of this Chapter shall also govern existing family residences
Under the Family Code, a family home is deemed constituted on a house insofar as said provisions are applicable. It does not mean that Articles 152
and lot from the time it is occupied as a family residence. There is no need and 153 of said Code have a retroactive effect such that all existing family
to constitute the same judicially or extrajudicially as required in the Civil residences are deemed to have been constituted as family homes at the time
Code. If the family actually resides in the premises, it is, therefore, a family of their occupation prior to the effectivity of the Family Code and are
home as contemplated by law. Thus, the creditors should take the necessary exempt from execution for the payment of obligations incurred before the
precautions to protect their interest before extending credit to the spouses or effectivity of the Family Code. Article 162 simply means that all existing
head of the family who owns the home. family residences at the time of the effectivity of the Family Code, are
considered family homes and are prospectively entitled to the benefits
Article 155 of the Family Code also provides as follows: accorded to a family home under the Family Code. Article 162 does not
state that the provisions of Chapter 2, Title V have a retroactive effect.
Art. 155. The family home shall be exempt from execution, forced sale or
attachment except: Is the family home of petitioner exempt from execution of the money
judgment aforecited? No. The debt or liability which was the basis of the
(1) For nonpayment of taxes; judgment arose or was incurred at the time of the vehicular accident on
March 16, 1976 and the money judgment arising therefrom was rendered by
(2) For debts incurred prior to the constitution of the family home; the appellate court on January 29, 1988. Both preceded the effectivity of the
Family Code on August 3, 1988. This case does not fall under the house is his overseer and that whenever his wife visited this country,
exemptions from execution provided in the Family Code. [6]6 (Underscoring she stayed in the family home. This contention lacks merit.
supplied.)
The law explicitly provides that occupancy of the family home
either by the owner thereof or by any of its beneficiaries must
be actual. That which is actual is something real, or actually existing,
Article 153 of the Family Code Has No Retroactive Effect as opposed to something merely possible, or to something which is
presumptive or constructive.[10] Actual occupancy, however, need not
be by the owner of the house specifically. Rather, the property may
Petitioner contends that the trial court erred in holding that his be occupied by the beneficiaries enumerated by Article 154 of the
residence was not exempt from execution in view of his failure to Family Code.
show that the property involved has been duly constituted as a family
home in accordance with law. He asserts that the Family Code
Art. 154. The beneficiaries of a family home are:
and Modequillo require simply the occupancy of the property by the
petitioner, without need for its judicial or extrajudicial constitution as
a family home.[7] (1) The husband and wife, or an unmarried person who is the head of
the family; and
Petitioner is only partly correct. True, under the Family Code
which took effect on August 3, 1988,[8] the subject property became (2) Their parents, ascendants, descendants, brothers and sisters,
his family home under the simplified process embodied in Article 153 whether the relationship be legitimate or illegitimate, who are
of said Code.However, Modequillo explicitly ruled that said provision living in the family home and who depend upon the head of the
of the Family Code does not have retroactive effect. In other words, family for lead support.
prior to August 3, 1988, the procedure mandated by the Civil
Code[9] had to be followed for a family home to be constituted as
This enumeration may include the in-laws where the family
such. There being absolutely no proof that the subject property was
home is constituted jointly by the husband and wife. [11] But the law
judicially or extrajudicially constituted as a family home, it follows that
definitely excludes maids and overseers. They are not the
the laws protective mantle cannot be availed of by petitioner. Since
beneficiaries contemplated by the Code. Consequently, occupancy
the debt involved herein was incurred and the assailed orders of the
of a family home by an overseer like Carmencita V. Abat in this
trial court issued prior to August 3, 1988, the petitioner cannot be
case [12] is insufficient compliance with the law.
shielded by the benevolent provisions of the Family Code.
WHEREFORE, the petition is hereby DENIED for utter lack of
merit. This Decision is immediately executory. Double costs against
List of Beneficiary-Occupants Restricted to Those Enumerated petitioner.
in the Code

In view of the foregoing discussion, there is no reason to

address the other arguments of petitioner other than to correct his
misconception of the law. Petitioner contends that he should be
deemed residing in the family home because his stay in the United
States is merely temporary. He asserts that the person staying in the