Petitioner
Gomez
Respondent
Roel
Citation
G.R. No. 132537
Court
Supreme Court
Division
Second Division
Ponente
Chico-Nazario, J.
Decided
October 14, 2005

Summary

This case involved a family home exemption dispute arising from property execution. Mary Josephine and Socorro Gomez obtained a 1989 judgment against Marietta Sta. Ines for mismanaging their mother's property, leading to execution of Marietta's house and lot in 1992. Marietta's family filed an annulment action claiming family home exemption under the Family Code. The Supreme Court ultimately ruled that while the Nueva Vizcaya court had jurisdiction over the independent third-party action, the family home exemption did not apply because Marietta's underlying liability arose from 1977-1986 acts, before the Family Code's 1988 effectivity. The Court emphasized that family homes are not exempt from execution for pre-constitution debts under Article 155, and that the Family Code's provisions are not retroactive to protect against obligations incurred before its effectivity.

Statutes applied

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By the Intellegal Editorial Board · October 14, 2005

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