Short answer. You must ask the court to make your seller a co-defendant, and you must do it within the period for answering the complaint. If you miss that window, you may lose your right to hold the seller accountable in the same lawsuit for any eviction that follows.
What the law says
The defendant vendee shall ask, within the time fixed in the Rules of Court for answering the complaint, that the vendor be made a co-defendant.
Civil Code, Article 1559 — How the Vendor Is Summoned. Read the full provision →
What warranty against eviction means
When you buy property, the seller is legally bound to defend your peaceful possession of it. This is called the warranty against eviction. If a third party sues you claiming a better right to the property — saying they are the real owner, or that the property was sold to them first — and wins, the seller is the one who guaranteed that would not happen. The seller must either help you defend the title or compensate you for the loss if you are evicted.
The procedural step you must take, and when
Article 1559 requires you to take one specific action: ask the court to make your seller a co-defendant, and do so within the same period given to you under the Rules of Court to file your answer to the complaint. This is a tight deadline — if you miss it, you may not be able to bring the seller into that lawsuit. The seller's participation in the case is what allows the court to determine their liability for any eviction in the same proceeding, rather than forcing you to file a separate action later.
Why this step matters so much
If the third party sues you and wins without the seller being part of the case, you may face difficulties enforcing the warranty afterward. The seller could argue they were not given the chance to defend the title, and that the judgment against you was not their fault. Bringing the seller in as a co-defendant prevents that argument. It also means that if you do lose the property, the court can immediately address your claim against the seller in the same case rather than requiring you to start all over again.
Act immediately when you receive a complaint
The moment you receive a complaint involving property you purchased, contact a lawyer without delay. The period for answering a complaint is counted in days, and once it lapses your window to make this request closes. Do not wait to see if the case is serious or how events develop. Simultaneously, gather all documents related to your purchase — the deed of sale, receipts, any warranties given by the seller, and correspondence — so your lawyer has everything needed to assess the claim and file the appropriate request on time.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sps. Michael Uy & Bonita Uy vs. Eduardo Ariza, et al, G.R. No. 158370, August 17, 2006 — read the decision on LawPhil →