Text of the provision

Art. 1557. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof.

(1480)

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 against eviction cannot be enforced until a final judgment deprives the buyer of the thing or part of it.

The warranty against eviction protects the buyer against the loss of the thing purchased, but it does not become enforceable merely because a third party asserts a better right or because litigation over the property is pending. A final judgment — one no longer subject to appeal — depriving the buyer of the thing or a part of it must first exist, since only that kind of definitive ruling establishes that the buyer has actually suffered the loss the warranty is meant to cover.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.