Text of the provision
Art. 1096. The obligation of warranty among co-heirs shall cease in the following cases:
(1) 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;
(2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith;
(3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property.
(1070a)
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
The warranty ceases when the testator himself made the partition (unless the legitime is impaired or a contrary intention appears); when it was expressly stipulated in the partition agreement; and when the eviction is due to the heir's own act.
Each of the three situations removes the reason the warranty exists in the first place. Where the testator personally divided the estate, the heirs are presumed to have accepted his allocation, so long as it does not encroach on anyone's legitime; where the heirs agreed in writing to waive the warranty, that bargain is honored unless someone acted in bad faith; and where the loss stems from something happening after partition, or from the distributee's own fault, there is nothing left for the other heirs to have guaranteed against.
Questions about this provision
- I lost the property I received in the partition because of something I did wrong — can I still ask the co-heirs to cover my loss?
- My father made the partition in his will — are we co-heirs still bound to warrant each other's shares?
- When are co-heirs not liable to warrant each other's shares against eviction?
Related provisions
- Article 1095 — Assigned Credits.
- Article 1097 — Partition May Be Rescinded Like a Contract.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.