SIXTEENTH CONGRESS O}<' THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 12 P2 :38 
SENATE 
S. B. No. 1265 
RECFi',H) HV:=F-
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
The proposed bill seeks to implement Section 12, Article III of the Philippine Constitution 
which recognizes the sanctity of family life and declares that the state shall protect and 
'strellgthen the family as a 'basic autonomous social institution, by strengthening the 
provisions of law on family home, 
First, the family home should remain inviolable, save for certain instances, Thus, the family 
home should remain exempt even for non-payment of debts incurred prior to the constitution 
of the family home, Furthermore, it should be clarified that it is the non-payment of real 
property taxes which exposes the family home to execution, forced sale, or attachment. 
Second, the head of the family, regardless of civil status, should be able to constitute the 
family home, 
Third, the value of the family home should be increased, The values provided under the 
Family Code, which was enacted more than twenty five years ago on August 3, 1987, is no 
longer realistic, and must be adjusted to reflect the present economic realities and take into 
account intlation in the price of houses oflow-income to middle-income families. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
'111'" ,I, 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PI-IILIPPINES 
) 
'stnnh> 
tOil.:. "f t~. j""t'f, 
First Regular Session 
) 
"13 
AUG 12 P 2 :38 
SENATE 
S. B. No. 1265 
Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT STRENGTHENING THE PROVISIONS OF LA W ON THE F AMIL Y HOME, 
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INCREASING THE VALUE OF THE FAMILY HOME, AND AMENDING FOR THIS 
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PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY 
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CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Article 152 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, is hereby amended to read as follows: 
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Art. 152. The family home, constituted jointly by the husband and the 
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wife or by [an unmarried] THE head of a family, WITHOUT 
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REGARD TO CIVIL STATUS, is the dwelling house where they and 
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their family reside, and the land on which it is situated. 
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SECTION 2. Article 154 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, is hereby amended to read as follows: 
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Art. 154. The beneficiaries ofa family home are: 
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(I) 
The husband and wife, or [an unmm:l!ied' person who isl the head 
of a family; and 
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(2) 
ANY OF their parents, ascendants. descendants, brothers and 
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sisters, whether the relationship be legitimate or illegitimate, AND 
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ADOI'TED CHILDREN who are living in the family home and who 
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depend upon the head of the fmnily for legal support. 
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SECTION 3. Article 155 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, is hereby amended to read as follows: 
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Art. 155. The family home shall be exempt from execution, forced sale 
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or attachment except: 
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(I) 
For nonpayment of REAL PROPERTY taxes; 
f(2) 
For debts incurred prior to the constitution of the family borne;] 


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(2) 
[(3)1 For debts secured by mortgages on the premises before or 
aner such constitution; and 
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(J) 
[(4)1 For debts due to laborers, mechanics, architects, builders, 
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materialmen and others who have rendered service or furnished material 
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for the construction of the building. 
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SECTION 4. Article 156 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, is hereby amended to read as follows: 
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Art. J 56. The Hunily home must be part of the propeliies of the absolute 
community or the conjugal partnership, or of tbe exclusive properties of 
either spouse with the latter's consent. It may' also be constituted by [an 
unmarried] THE head of a family on his or ber own property. 
Nevertbeless, property tbat is the subject. of a conditional sale on 
installments where ownership is reserved by the vendor only to guarantee 
payment of the purchase price may be constituted as a family home. 
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SECTION 5. Article 157 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, is hereby amended to read as follows: 
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Arl. 157. The actual value of the family home shall not exceed, at the 
time of its constitution, the amount of the TWO MILLION [three 
hundred thousand] pesos in urban areas, and ONE MILLION FIVE 
HUNDRED THOUSAND [two hundred thousand] pesos in rural areas, 
or such amounts as may hereafter be fixed by law. 
In allY event, if the value of the currency changes after the adoption of 
this Code OR AFTER THE CONSTITUTION OF THE FAMILY 
HOME, the value most favorable for the constitution of a family home 
shall be the basis of evaluation. 
For purposes of this Article, urban areas are deemed to include chartered 
cities and municipalities whose annual income at least equals that legally 
required for charterecl cities. All others are deemed to be rural areas. 
SECTION 6. Article 159 of Executive Order No. 209, otherwise known as the Family Code 
of the Philippines, is hereby amended to read as follows: 
Art. 159. The family home shall continue despite the death of one or both 
spouses or of the [unmarried] head of the family for a period of ten years 
or [or as long as there is a minor beneficiary, and the heirs cannot 
partition the same unless the court finds compelling reasons therefor. 
This rule shall apply regardless of whoever owns tbe property or 
constituted the family home. 


SECTION 7. Separability Clause. If any portion or provision of this Act is declared void and 
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unconstitutional, the remaining portions or provisions hereof shall not be affected by such 
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declaration. 
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SECTION 8. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
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issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
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modified accordingly. 
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SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete 
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publication in at least two (2) newspapers of general circulation. 
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Approved,