Short answer. Yes. Under Article 754 of the Civil Code, when a donation is onerous — meaning you had to fulfill a burden like paying the donor's debt — the donor is liable for eviction up to the amount of that burden. Purely gratuitous donations carry no such warranty.

What the law says

the donor shall be liable for eviction to the concurrence of the burden

Civil Code, Article 754 — Warranty And Eviction In Donations. Read the full provision →

The general rule: donors do not warrant against eviction

A donation is ordinarily a pure act of generosity — the donee receives something for free, having given nothing in return. Because the donee paid nothing, the law does not impose on the donor the same warranty obligations that a seller owes a buyer. Article 754 makes this explicit: the donor is not obliged to warrant the things donated. If you receive land as a gift and are later evicted by a third party with a better title, you generally cannot turn to the donor for compensation. You received something for nothing; the loss is part of that risk.

The exception: onerous donations

An onerous donation is different. When the donor imposes a burden on the donee — pay my mortgage, settle my debt, care for me until I die — the donee is not receiving property for nothing. There is consideration, even if the donation is still legally classified as a donation rather than a sale. Article 754 recognizes this: for onerous donations, the donor shall be liable for eviction to the concurrence of the burden. If the burden you took on was paying a debt of 500,000 pesos, the donor's warranty exposure is capped at that amount.

Bad faith: a separate basis for liability

Article 754 adds one more liability track that applies regardless of whether the donation was onerous: bad faith. If the donor knew about a defect in the title or a hidden problem with the property and did not disclose it, the donor is liable for eviction or hidden defects even in a purely gratuitous donation. Bad faith transforms what would otherwise be a no-warranty transfer into one where the donor must account for the consequences of having concealed a material problem from the donee.

Your subrogation right as donee

Article 754 also gives the donee an independent tool upon eviction: subrogation into all the rights and actions the donor would have had. If the donor had a claim against whoever is now evicting you — a warranty claim from their own purchase, a prior easement, a title insurance right — you step into the donor's shoes and can assert those claims yourself. This right exists in all donations, not just onerous ones. It means the donee is not entirely without recourse even when the donor's own warranty obligation is absent or limited.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.