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Title V — The Family

Article 160

EO 209 · Family Code of the Philippines

ELI5— what this means for you

The beneficiaries of the family home are: (1) the husband and wife, or an unmarried head of family; (2) their parents, ascendants, descendants, brothers and sisters, whether the relationship is legitimate or illegitimate, who are living in the family home and are dependent on the head of the family for support.

Official text — EO 209

When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)

Source: lawphil.net (EO 209 as amended)

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