Text of the provision
Art. 1094. An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues.
The ten-year period runs not from the date of partition itself but from the date the right of action accrues — typically the point at which the warranted defect materializes, such as when an heir is actually evicted from property adjudicated to him or discovers an encumbrance the partition failed to disclose. Because the warranty among heirs described in the preceding articles only becomes enforceable once such a loss occurs, tying the prescriptive period to accrual rather than to the partition date keeps an heir from being barred from suing before the loss giving rise to the claim has even happened.
Questions about this provision
- A co-heir lost his inherited share to eviction years ago — is it now too late to make the others share the loss?
- We already divided our parents' estate, but one heir's share turned out to have a hidden problem — what can the other heirs do?
- How long do I have to sue my co-heirs to enforce the reciprocal warranty after our estate was partitioned?
Related provisions
- Article 1093 — Warranty Is Proportionate.
- Article 1095 — Assigned Credits.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.