Jose Modequillo v. Hon. Augusto V. Breva

Summary

This Supreme Court case resolved whether a family home under the Family Code can be executed to satisfy a pre-existing civil judgment. Jose Modequillo's residential property, occupied as family home since 1969, was levied upon to satisfy a P67,000.00 damages judgment from a 1976 vehicular accident. Modequillo claimed family home exemption under Family Code Articles 152-155. The Supreme Court ruled that while the Family Code deems existing family residences as family homes upon its effectivity (August 3, 1988), the exemption applies only prospectively. Since the underlying debt arose in 1976 and the CA judgment was rendered in January 1988 (both before the Family Code's effectivity), the property falls under Article 155(2)'s exception for debts incurred prior to family home constitution. The Court emphasized that Article 162 does not give retroactive effect to family home exemptions, thus the execution was proper.