TANEO VS CA

PABLITO TANEO, JR., JOSE TANEO, NENA T. CATUBIG and HUSBAND, CILIA T. MORING and HUSBAND vs. COURT OF APPEALS and ABDON GILIG

G.R. No. 108532
March 9, 1999

Facts:
          As a result of a judgment in Civil Case No. 590 (for recovery of property) in favor of private respondent, two (2) of petitioners' properties were levied to satisfy the judgment amount of about P5,000.00: one was a parcel of land located in Barrio Igpit, Municipality of Opol, Misamis Oriental with an area of about five (5) hectares, and the other was the family home also located at Igpit, Opol, Misamis Oriental. The subject properties were sold at public auction on February 12, 1966 to the private respondent as the highest bidder. Consequently, after petitioners' failure to redeem the same, a final deed of conveyance was executed on February 9, 1968, definitely selling, transferring, and conveying said properties to the private respondent.
         
          To forestall such conveyance, petitioners filed an action on November 5, 1985 (docketed as Civil Case No. 10407) to declare the deed of conveyance void and to quiet title over the land with a prayer for a writ of preliminary injunction. In their complaint, it was alleged that petitioners are the children and heirs of Pablo Taneo and Narcisa Valaceras who died on February 12, 1977 and September 12, 1984, respectively. Upon their death, they left the subject property covered by OCT No. P-12820 and Free Patent No. 548906. Considering that said property has been acquired through free patent, such property is therefore inalienable and not subject to any encumbrance for the payment of debt, pursuant to Commonwealth Act No. 141. Petitioners further alleged that they were in continuous, open and peaceful possession of the land and that on February 9, 1968. Deputy Provincial Sheriff Jose V. Yasay issued a Sheriffs Deed of Conveyance in favor of the private respondent over the subject property including their family home that was extra judicially constituted in accordance with law. As a result of the alleged illegal deed of conveyance, private respondent was able to obtain in his name Tax Declaration No. 851920 over the land, thus casting a cloud of doubt over the title and ownership of petitioners over said property.
         

Issue:
          Whether or not the family home is exempt from execution.

Ruling:
          The Supreme Court held that the applicable law, therefore, in the case at bar is still the Civil Code where registration of the declaration of a family home is a prerequisite. Nonetheless, the law provides certain instances where the family home is not exempted from execution, forced sale or attachment.

          The trial court found that on March 7, 1964, Pablo Taneo constituted the house in question, erected on the land of Plutarco Vacalares, as the family home. The instrument constituting the family home was registered only on January 24, 1966. The money judgment against Pablo Taneo was rendered on January 24, 1964. Thus, at that time when the "debt" was incurred, the family home was not yet constituted or even registered. Clearly, petitioners' alleged family home, as constituted by their father is not exempt as it falls under the exception of Article 243 (2).

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