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JOSE MODEQUILLO v. AUGUSTO V. BREVA

This case has been cited 4 times or more.

	GR No. 165060 2008-11-27	ALBINO JOSEF v. OTELIO SANTOS YNARES-SANTIAGO, J.
a) if the obligation sued upon was contracted or incurred prior to, or after, the effectivity of the Family Code;[18]
	GR No. 172263 2008-07-09	SPS. AUTHER G. KELLEY v. PLANTERS PRODUCTS CORONA, J.
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.
	GR No. 173614 2007-09-28	LOLITA D. ENRICO v. HEIRS OF SPS. EULOGIO B. MEDINACELI AND TRINIDAD CATLI-MEDINACELI CHICO-NAZARIO, J.
The categorical language of A.M. No. 02-11-10-SC leaves no room for doubt. The coverage extends only to those marriages entered into during the effectivity of the Family Code which took effect on 3 August 1988.[24]
	GR NO. 132537 2005-10-14	MARY JOSEPHINE GOMEZ v. ROEL CHICO-NAZARIO, J.
Such contentions are erroneous. Under Article 155 of the Family Code, the family home shall be exempt from execution, forced sale, or attachment except for, among other things, debts incurred prior to the constitution of the family home. In the case at bar, the house and lot of respondents was not constituted as a family home, whether judicially or extrajudicially, at the time Marietta incurred her debts. Under prevailing jurisprudence, it is deemed constituted as such only upon the effectivity of the Family Code on 03 August 1988, thus, the debts were incurred before the constitution of the family home. As stated in the case of Modequillo v. Breva[20]:. . . Under Article 162 of the Family Code, it is provided that "the provisions of this Chapter shall also govern existing family residences insofar as said provisions are applicable." It does not mean that Articles 152 and 153 of said Code have a retroactive effect such that all existing family residences are deemed to have been constituted as family homes at the time of their occupation prior to the effectivity of the Family Code and are exempt from execution for the payment of obligations incurred before the effectivity of the Family Code. Article 162 simply means that all existing family residences at the time of the effectivity of the Family Code, are considered family homes and are prospectively entitled to the benefits 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.