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.
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- Article 1097 — Partition May Be Rescinded Like a Contract.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.