On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children, Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built his residential house.
After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter, Leonora and Danilo advised Carlito of their intention to partition the property. Carlito opposed invoking Article 159 of the Family Code. Carlito alleged that since his minor child Lucas still resides in the premises, the family home continues until that minor beneficiary becomes of age.
Is the contention of Carlito tenable? (4%)
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No, Carlito's contention is not tenable because his minor child is not a beneficiary of the family home. Under Article 159 in relation to Article 154 of the Family Code, to be a beneficiary of a family home, three requisites
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Quick check
Under Article 154 of the Family Code, which of the following is an indispensable requisite to be a beneficiary of a family home under Article 159?
To be a family home beneficiary under Article 159, one must actually reside in the home and depend for legal support upon the head of the family.
Under Article 159 of the Family Code, how long does a family home continue after the death of the founder if there are no minor beneficiaries?
Article 159 provides that the family home continues for ten years after the founder's death if there are no minor beneficiaries.
Why is Carlito's minor child Lucas NOT considered a beneficiary of Mariano's family home?
Lucas is not a beneficiary because the primary duty to support him rests on his father Carlito, not his grandfather.
Under the Family Code, who bears the primary legal obligation to provide support to a minor child?
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What is the legal effect on the family home when the founder dies leaving heirs who are not dependent beneficiaries?
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Learn more about these topics
1. Family Home Beneficiaries
Under Article 154 of the Family Code, the beneficiaries of a family home include the husband and wife, or an unmarried head of a family, and their parents, ancestors, brothers and sisters, and legitimate or illegitimate descendants. However, to be legally recognized as a beneficiary under Article 159, three requisites must concur: the person must be among those enumerated in Article 154, must actually reside in the family home, and must depend for legal support upon the head of the family who constituted the family home.
2. Continuation of Home
Under Article 159 of the Family Code, the family home continues as such despite the death of one or both spouses or the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. This statutory prohibition against partition aims to protect dependent beneficiaries who rely on the head of the family for support. If no qualified minor beneficiary exists who depends for support on the deceased founder, the co-heirs may demand partition upon the founder's death.
3. Legal Support Obligation
The obligation to provide legal support follows a statutory order of liability under Article 199 of the Family Code. A child's primary obligation of support rests upon his parents, not his grandparents. Consequently, a grandchild living in a family home constituted by a deceased grandparent cannot be deemed a dependent beneficiary under Article 159 when his own parent is alive and legally obligated to support him, as the grandchild does not depend on the grandparent for support.