Art. 1556.

Should the buyer lose, by reason of the eviction, a part of the thing sold of such
importance, in relation to the whole, that he would not have bought it without said part, he
may demand the rescission of the contract; but with the obligation to return the thing
without other encumbrances that those which it had when he acquired it.

He may exercise this right of action, instead of enforcing the vendor's liability for eviction.

The same rule shall be observed when two or more things have been jointly sold for a lump
sum, or for a separate price for each of them, if it should clearly appear that the vendee
would not have purchased one without the other. (1479a) Rights of vendee in case of partial
eviction.

-1556 deals with partial eviction while 1554 deals with total eviction
-1556 states that if there is partial eviction, the vendee has the option either to enforce the vendor's
liability for eviction or to demand rescission of the contract.

This rule is applicable---

1. When the vendee is deprived of a part of the thing sold if such part is of such importance to the whole
that he would not have bought the thing without the said part
2. when two or more things are jointly sold whether for a lump sum or for a separate price for each, and
the vendee would not have purchased one without the other.

*in case the vendee is totally evicted from the thing sold, he cannot avail of the remedy of recession,
because this remedy contemplates that the one demanding it is able to return whatever he has received
under the contract.

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) Final judgment of eviction essential.

-1557 merely reiterates two of the essential elements for the enforcement of warranty in case of eviction
namely:
1. deprivation in whole or in part of the thing sold
2. existence of a final judgment
 Art. 1558. The vendor shall not be obliged to make good the proper
warranty, unless he is summoned in the suit for eviction at the
instance of the vendee. (1481a) formal summons to vendor essential.

-another essential requisite before a vendor may be legally liable for eviction is that he should be
summoned in the suit for eviction at the instance of the vendee.
-the object of the law is to give him an opportunity to show that the action interposed against the vendee
is unjust and to defend his title that he has transferred. In the absence of such summons, the vendor is not
bound to his warranty.

Art. 1559. The defendant vendee shall ask, within the time fixed in
the Rules of Court for answering the complaint, that the vendor be
made a co-defendant. (1482a) vendor to be made co-defendant.

-the notification required by article 1559 refers to a case where the vendee is the defendant in a suit
instituded to deprived him of the thing purchased.

-the defendant vendee threatened with eviction who wishes to preserve his right of warranty, would call in
the vendor to defend the action which has been instituded against him to deprive him of the property
purchased.

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) Rights of vendee
where immovable sold encumbered with non-apparent burden.
-Although the vendee is not deprived of the thing sold, totally or partially, the vendee may still rescind the
contract or ask for indemnity, if the thing sold should be encumbered with any non apparent burden or
servitude not mentioned in the agreement, of such a nature that the vendee would not have acquired it had
been aware thereof.
- a servitude or easement is an encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner. An example of an apparent servitude is a right of way
establishing a permanent passage, which is continually kep in view by external sign. An example of a
non-apparent easement is a party wall which has no exterior sign.
-the lack of knowledge on tha part of the vendor is not a defense. The contract can still be invalidated on
the ground of mistake. When rights of the vendee cannot be exercised.
1. if the burden or servitude is apparent, that is, "made known and is continually kep in view by external
signs that reveal the use and enjoyment of the same."
2. if the non-apparent burden or servitude is registered
3. if the vendee had knowldge of the encumbrance whether it is registered or not.

-the registration of the non-apparent burden or servitude in the registry of property operates as a
constructive notice to the vendee. Hence, the vendor is relieved from liability unless there is an express
warranty that the immovable is free from any such burden or encumbrance. If the burden is known to the
vendee, there is no warranty. When action must be brought.
- the action for recission or damages must be brought within one year from the execution of the deed of
sale. if the period has already elapsed, the vendee may only bring an action for damages within one year
from the date of the discovery of the non-apparent burden or servitude.