This case has been cited 2 times or more.
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2015-07-08 |
SERENO, C.J. |
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| It has been said that the family home is a real right that is gratuitous, inalienable and free from attachment.[40] The great controlling purpose and policy of the Constitution is the protection or the preservation of the homestead - the dwelling place. A houseless, homeless population is a burden upon the energy, industry, and morals of the community to which it belongs. No greater calamity, not tainted with crime, can befall a family than to be expelled from the roof under which it has been gathered and sheltered.[41] The family home cannot be seized by creditors except in special cases.[42] | |||||
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2005-11-25 |
CALLEJO, SR., J. |
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| While it is true that the family home is constituted on a house and lot from the time it is occupied as a family residence and is exempt from execution or forced sale under Article 153 of the Family Code, such claim for exemption should be set up and proved to the Sheriff before the sale of the property at public auction. Failure to do so would estop the party from later claiming the exemption. As this Court ruled in Gomez v. Gealone:[28] | |||||