Hi everyone!

At this moment, I am going to tackle articles regarding Subsection 2 Warranty

against hidden defects of or encumbrances upon the thing sold. So, the first eleven articles
which are 1561 to 1571 have been tackled already. My report is a continuation of those articles,
starting from 1572 to 1581. So, let’s start.

Article 1572 is all about the sale of 2 or more animals together.

When 2 or more animals have been sold at the same time and the redhibitory defect is in one
or some of them but not in all.
Btw, when we say redhibitory defect, it is a hidden defect that prevents a product from
performing the task for which it was purchased.

Article 1572, provides for the rule with regards to sale of two or more animals together. So,
generally, a defect in one should not affect the sale of the others.
This is true whether the price was a lump sum, or separate for each animal.
Exception to the rule if it appears that vendee would not have purchased the sound animal
without the defective one. This is presumed when a team, yoke, pair or set is bought.
So, this is the best EXAMPLE to the exception to the rule.
The sale of pet birds.
Usually, pet birds are sold or bought by pair, the best example is the love birds, according to my
research, if love birds have been separated from each other, there is a high probability that one
of them or both, will be stressed, and eventually die.
Another example is the pigeon or kalapati, according to my experience they are also sold or
bought in pair.

Next Article is 1573, this article states that the Provision of the preceding article which is Article
1572 is also applicable to the sale of other things.
So, article 1572 is all about sale of animals while Article 1573 is all about sale of other things,
but the provisions, rules and exception are the same.
Next.

Article 1574 states that the general rule is that there is No warranty against hidden defects of
animals that are sold at fairs or at public auctions or those livestock that are sold as
condemned. When we say condemned it means, the livestock sold is deceased.
The exception to the rule is the fact that the livestock is condemned must be communicated to
the buyer, otherwise, the seller is still liable.
Next

Article 1575 it speaks of two kinds of void sales with respect to animals:
First is the Sale of animals suffering from contagious diseases is void.
And the other is, When the animals were found to be unfit for the use or service for which they
are acquired as stated in the contract.
For example, it is stated in the contract that the buyer wanted a horse for racing, but when the
horse has been delivered, the horse is short and overweight. So, most probably the sale is void.
So, the next is Article 1576 which provides definition of Redhibitory Defects
Under Article 1576, a redhibitory defect is such hidden defect of an animal of such a nature that
expert knowledge is not sufficient to discover it, even when a professional inspection has been
made.
But the veterinarian, who has failed to discover or disclose such defect through ignorance or
bad faith, shall be liable for damages.
Next
Article 1577 states that the redhibitory action must be brought within forty (40) days from the
date of their delivery to the buyer. Such action shall be based on the faults or defects of the
animals.
When we say redhibitory action is an action brought to void the sale of something defective.
The defect should one that renders it either useless or so flawed that the buyer would not have
bought it in the first place.
Next article is 1578 which states that If the animal should die within three days after its
purchase, the vendor shall be liable if the disease which cause the death existed at the time of
the contract.
And take note that the buyer who returns the object bought and demands the payment of the
purchase price shall be deemed “withdrawing from the contract”, as provided in Article 1567
stated by latter reporter wherein the prescriptive period is six (6) months from the delivery of
the thing sold.
Next.
Article 1579 talks about the obligation of the buyer to return the animal.
The animal shall be returned in the condition in which it was sold and delivered if the sale be
rescinded. When we say rescinded, it is to revoke or to cancel the sale. Here, the buyer is being
held answerable or responsible for any injury due to his negligence and not arising from the
redhibitory defect.
While the next article which is Article 1580 is all about the Remedies of Buyer of Animals with
Redhibitory Defects
A buyer of animals with redhibitory defects has two (2) remedies (with damages in either case):
1) Withdrawing from the contract or rescission; and
2) To demand a proportionate reduction of the price.

However, the buyer must make use of either of the abovementioned remedies within the
period which has been fixed for the exercise of the redhibitory action stated in article 1577
which is 40 days from the date of their delivery to the buyer.
And the last article is
Article 1581 states that In cases of sale of large cattle, special laws govern the form of such sale.
So what special law is that, to be particular, it is the Presidential Decree no. 533 THE ANTI-
CATTLE RUSTLING LAW OF 1974.
So there you have it. The Subsection 2: Warranty against hidden defects of or encumbrances
upon the thing sold