GOMEZ VS STA INES

MARY JOSEPHINE GOMEZ and EUGENIA SOCORRO C. GOMEZ-SALCEDO
vs. ROEL, NOEL and JANNETTE BEVERLY STA. INES and HINAHON STA. INES

G.R. No. 132537
October 14, 2005

Facts:
          Purificacion dela Cruz Gomez (deceased), mother of Mary Josephine C. Gomez and Eugenia Socorro C. Gomez-Salcedo, entrusted rice land in Nueva Vizcaya to Marietta dela Cruz Sta. Ines. Josephine and Socorro demanded for an accounting of the produce of said rice lands while under the management of Marietta and for the return of the Transfer Certificate Title (TCT) of the property.

          Trial court rendered judgment against Marietta and ordered her to deliver the owner’s copy of the TCT and pay damages. In order to satisfy damages, a writ of execution was issued, by virtue of which, a parcel of land in Nueva Vizcaya registered in Marietta’s name was sold at a public auction wherein Josephine was the highest bidder. Marietta’s husband, Hinahon together with their children, filed a complaint for the annulment of the sale before the RTC of Nueva Vizcaya on the ground that said house and lot sold during the public auction is their family residence and is thus exempt from execution under Article 155 of the Family Code. Respondents assert that the house and lot was constituted jointly by Hinahon and Marietta as their family home from the time they occupied it in 1972
         
Issue:
          Whether or not the property can be sold.

Ruling:
          Yes. The Supreme Court held that 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. While the respondent contends that the house and lot was constituted jointly by Hinahon and Marietta as their family home in 1972, it is not deemed constituted as such at the time Marietta incurred her debts.
         
          Under prevailing jurisprudence, it is deemed constituted as the family home only upon the effectivity of the Family Code on August 3, 1988. The complaint against Marietta was instituted in 1986 to for acts committed as early as 1977, thus, her liability arose years before the levied property was constituted as the family home in 1988. The liability incurred by Marietta falls within the exception provided for in Article 155 of the Family Code: debts incurred prior to the constitution of the family home.

         

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