Rosita Tan

Summary

The Supreme Court ruled that a co-owned property cannot be constituted as a family home exempt from execution. Petitioners sought to exclude their co-owned Quezon City property from execution to satisfy Cecilia Sia's civil liability of ₱450,000.00 from an estafa case. The property is co-owned by Cecilia, her mother Maria Butac, and sister Marianita Hofileña. The Court applied Article 156 of the Family Code and established jurisprudence holding that a family home must be established on property owned by the persons constituting it, not on property held in co-ownership with third persons. The Court affirmed that only Cecilia's undivided one-third share could be sold at auction, as co-owners have absolute ownership of their respective shares and can alienate them without co-owners' consent. This case clarifies the limitations on family home exemptions and reinforces co-ownership rights under Philippine law.