Short answer. Generally no. Article 1096 provides that when the testator himself made the partition, the obligation of warranty among co-heirs ceases, unless it appears — or may reasonably be presumed — that he intended otherwise. Even then, each heir's legitime must remain unimpaired regardless of how the shares were divided.

What the law says

When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired

Civil Code, Article 1096 — When Warranty Ceases. Read the full provision →

The general rule co-heirs normally follow

Partition among heirs ordinarily carries a mutual warranty: each co-heir answers to the others if the property assigned to one of them turns out to be defective or is lost through eviction, because that kind of loss is meant to be shared rather than absorbed alone by whoever happened to receive the affected asset. Article 1096 addresses when that mutual guarantee stops applying, and the first ground it lists is exactly your situation — a partition made by the testator himself.

When the testator's own partition ends the warranty

Article 1096 says the obligation of warranty among co-heirs shall cease when the testator himself has made the partition. Because he personally decided who receives what, the law treats his decision as having already settled the risk, and the co-heirs are not additionally guaranteeing each other's shares on top of what he resolved. The rule assumes that was truly his intent, though: if it appears, or may reasonably be presumed, that he meant the co-heirs to still warrant each other despite making the partition himself, that intention controls and the ordinary warranty survives.

Your legitime is protected either way

Whatever the testator intended, Article 1096 is explicit that the legitime shall always remain unimpaired. So even where his own partition ends the ordinary warranty among co-heirs, that exception cannot be used to leave a compulsory heir with less than the share the law reserves. If a share turns out so defective or diminished that it cuts into the legitime, the shortfall still has to be made good — the cessation of warranty does not reach that far.

The two other situations that also end the warranty

Article 1096 lists two further grounds, for context on how the rule works generally. Co-heirs may also expressly agree in the partition itself that no one will answer to the others for eviction or hidden defects, and that stipulation is honored unless it was made in bad faith. Warranty likewise does not extend to an eviction caused by something that happened after the partition, or that was the fault of the heir who ended up losing the property — the guarantee covers defects and risks that existed when the estate was divided, not events the affected heir brought on afterward.

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.