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Gomez Vs Sta Ines

The court ruled that a property sold at a public auction to satisfy a debt could not be claimed as a family home exempt from execution. While the defendants claimed the property as their family home since 1972, the court found it was not constituted as a family home under the Family Code until 1988, after the plaintiff's debt arose in the 1970s. As the debt was incurred prior to the property becoming a family home, it fell under an exception allowing execution on the property to satisfy the pre-existing debt.

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Ansai Calugan
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216 views2 pages

Gomez Vs Sta Ines

The court ruled that a property sold at a public auction to satisfy a debt could not be claimed as a family home exempt from execution. While the defendants claimed the property as their family home since 1972, the court found it was not constituted as a family home under the Family Code until 1988, after the plaintiff's debt arose in the 1970s. As the debt was incurred prior to the property becoming a family home, it fell under an exception allowing execution on the property to satisfy the pre-existing debt.

Uploaded by

Ansai Calugan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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
CHICO-NAZARIO, J.:

Facts:
On 17 June 1986, Mary Josephine C. Gomez and Eugenia Socorro C. Gomez-Salcedo
filed a complaint for damages before the RTC of Pasig against Marietta dela Cruz Sta. Ines
alleging that they are the children of the deceased Purificacion dela Cruz who 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. The Regional Trial Court rendered
judgment against Marietta and ordered her to deliver the owner’s copy of the TCT and pay
damages. A writ of execution was issued by the Pasig RTC, a parcel of land located in
Bayombong, Nueva Vizcaya, with an area of 432 square meters registered in the name of
Marietta dela Cruz Sta. Ines, was levied upon by Flaviano Balgos, Jr., then Provincial Sheriff of
Nueva Vizcaya, to satisfy the damages awarded in the civil case. Said property was sold at a
public auction on 25 August 1992 to Mary Josephine as the highest bidder. The sale was
registered with the Register of Deeds of Nueva Vizcaya on 17 September 1992.
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; 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 subject property can be sold provided that it is a family home.

Ruling:
Yes. The Court ruled 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 in1986 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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