- Petitioner
- Manacop
- Respondent
- Court of Appeals
- Citation
- G.R. No. 97898
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Panganiban, J.
- Decided
- August 11, 1997
Summary
The Supreme Court denied Florante Manacop's petition challenging the execution of a judgment on his family residence. Manacop owed E & L Mercantile P2 million under a 1986 compromise agreement but failed to pay despite collecting substantial receivables. When execution was sought on his Quezon City residence, he claimed family home exemption under the Family Code. The Court ruled that since the debt and judgment preceded the Family Code's August 3, 1988 effectivity, the property needed judicial or extrajudicial constitution as a family home under the Civil Code, which was not proven. The Court emphasized that Family Code provisions on family homes have no retroactive effect and apply only prospectively. Additionally, actual occupancy by enumerated beneficiaries is required, not mere caretaker presence, as petitioner was residing abroad.