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DOCTRINE:
The movant's claim that his/her property is exempt from execution for being
a family home is not a magic wand that will freeze the court's hand and forestall the
execution of a final and executory ruling. It is imperative that the claim for
exemption must be set up and proven.
FACTS:
ISSUE:
RULING:
Yes. It is not sufficient for the claimant to merely allege that the property
subject to execution is a family home. The claim for exemption must be set up and
proved. It is imperative that the movant’s claim must be backed with evidence
showing that the home was indeed (i) duly constituted as a family home, (ii)
constituted jointly by the husband and wife or by an unmarried head of a family,
(iii) resided in by the family (or any of the family home's beneficiaries), (iv) forms
part of the properties of the absolute community or the conjugal partnership, or of
the exclusive properties of either spouse with the latter's consent, or property of the
unmarried head of the family, and (v) has an actual value of Php300,000.00 in
urban areas, and Php200,000.00 in rural areas. The law also explicitly mandates
that the occupancy of the family home, either by the owner thereof, or by any of its
beneficiaries, must be actual. This occupancy must be real, or actually existing, as
opposed to something merely possible, or that which is merely presumptive or
constructive.