This case has been cited 5 times or more.
2009-03-20 |
YNARES-SANTIAGO, J. |
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The actual value of the family home shall not exceed, at the time of its constitution, the amount of P300,000.00 in urban areas and P200,000.00 in rural areas.[24] Under the afore-quoted provision, a family home is deemed constituted on a house and a lot from the time it is occupied as a family residence. There is no need to constitute the same judicially or extra-judicially.[25] | |||||
2008-07-09 |
CORONA, J. |
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Under the Family Code, there is no need to constitute the family home judicially or extrajudicially. All family homes constructed after the effectivity of the Family Code (August 3, 1988) are constituted as such by operation of law. All existing family residences as of August 3, 1988 are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. [8] | |||||
2006-07-31 |
CHICO-NAZARIO, J. |
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Under the cited provision, a family home is deemed constituted on a house and lot from the time it is occupied as a family residence; there is no need to constitute the same judicially or extrajudicially.[7] | |||||
2005-03-16 |
CORONA, J. |
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Levy is defined as the act or acts by which an officer of the law and court sets apart or appropriates a part or the whole of the loser's (judgment debtor's) property for the purpose of eventually conducting an execution sale to the end that the writ of execution may be satisfied, and the judgment debt, paid.[2] However, not all of the judgment debtor's properties may be levied upon because the law exempts some of them from execution.[3] But the right of exemption from execution is a personal privilege granted to the judgment debtor and, as such, it must be claimed not by the sheriff but by the judgment debtor himself at the time of the levy or within a reasonable period thereafter.[4] | |||||
2004-08-16 |
PANGANIBAN, J. |
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On the other hand, actual occupancy connotes "something real, or actually existing, as opposed to something merely possible, or to something which is presumptive or constructive."[24] Unlike possession, it can only be actual or real, not constructive. |