Text of the provision
Art. 1560. If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude.
(1483a)
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
If the immovable has a non-apparent burden or servitude not mentioned and such that the buyer would not have bought had he known, he may rescind or claim indemnity — barred if it is recorded (absent an express warranty), and time-limited (one year, then damages).
Questions about this provision
Related provisions
- Article 1559 — How the Vendor Is Summoned.
- Article 1561 — Warranty Against Hidden Defects.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.