Fact: Alberto filed a case against Hiyas Savings and Loan Bank, Inc., his wife Remedios, and 3 more defendants. Hiyas filed a Motion to Dismiss on the ground that Alberto failed to comply with Article 151 of the Family Code wherein it is provided that no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed.
Issue: May Hiyas invoke the provisions of Article 151 of the Family Code?
Held: No. Since the requirement under Article 151 of the Family Code is applicable only in cases which are exclusively between or among members of the same family, it necessarily follows that the same may be invoked only by a party who is a member of that same family. (Hiyas Savings and Loans Banks, Inc. vs. Hon. Edmundo T. Acuña, G.R. No. 154132, August 31, 2006)
