1543

– prescription as to when pwedi mohatag ug decision si buyer to the seller if there are sales on real
estate nga giregulate sa 1539 ug 1542

-recall unsay naa sa 1539 ug 1542

- Actions based on articles 1539 and 1542 - either rescission of the contract or proportionate reduction
of the price must be be made within 6 months from the day of delivery. Which means na ang action nga
pag rescind ug pagpareduce sa price kay valid for 6 months from the day of delivery. Like within 6
months lang puede makapa rescind ug reduce si buyer. If rescission or reduction is made after 6 months
from the day of delivery, actions shall take no effect.

1544

-talks about double sales

-double sale is the SELLING of the SAME PROPERTY by the SAME SELLER to a DIFFERENT BUYERS w/
CONFLICING RIGHTS OR INTEREST.

Who will own the thing sold?

-movable (UNANG NAKATAKE POSSESSION SA THING SOLD WHETHER THROUGH ACTUAL OR

CONTSTRUCTIVE DELIVERY)

-immovable

1) FIRST REGISTRANT IN GOOD FAITH

2) FIRST POSSESSOR IN GOOD FAITH

3) OLDEST TITLE WHO FIRST BOUGHT THE PROPERTY

1545

-talks about the rights of the contracting parties in a conditional sale where certain conditions where not
performed or fulfill.

-conditions are uncertain events that must happen in order to give rise to the obligation of the contract.

-suspensive conditions

Nonfullfilment of Condition

- Refuse to proceed
- Proceed to the contract waiving the performance of the

If the condition is in the nature of the promise, then it can be treated as breach of warranty.
1546

-talks about express warranty

-warranty is a representation made by the seller of the thing with respect to its character or quality that
induces the buyer to purchase the same relying on the said representation. PAMASALIG

-TWO KINDS OF WARRANTY – implied and express

-this article state that when the seller gives affirmation of fact or any promise relating to the things
which induces buyer to buy the certain thing then it is already express warranty pero if ever opinion ra
to ni seller then dili ni siya maconsider nga warranty unless the seller is an expert and the opinion was
relied upon the buyer.

Dealer’s talk (“excellent”) cannot be considered as an express warranty. A little exaggeration is

apparently allowed by the law as a concession to human nature.

1547

-talks about implied warranty

IMPLIED WARRANTY IS THE OBLIGATION ATTACHED TO THE SELLER EVEN IF IT IS NOT EXPRESSED IN ANY
WORDS OR STIPULATIONS

-warranty is a representation made by the seller of the thing with respect to its character or quality that
induces the buyer to purchase the same relying on the said representation. PAMASALIG

-first paragraph talks about warranty of eviction - An implied warranty on the part of the seller that he
has a right to sell at the time when ownership is to pass and that the buyer shall from that time have
and enjoy the legal and peaceful possession of the thing

-second paragraph talks about warranty against hidden defects - thing shall be free from any hidden
defects or any change or encumbrances not declared or known to the buyer

Implied warranty not applicable

*as is and where is sale – a sale wherein the seller sells the thing and the buyer buys the thing
WHATEVER CONDITION IT PRESENTLY EXISTS and that the buyer ACCEPTS THE ITEM WITH ALL FAULTS at
the time of the time.

*sale of secondhand

*sale by virtue of authority in fact or law (SHERIFF, AUCTIONEER, MORTGAGEE, PLEDGEE OR OTHER
PERSON professing to sell by the virtue of authority in fact or by law)

SUBJECT TO CAVEAT EMPTOR - BUYER BEWARE

1548

-talks about warranty against eviction

-EVICTION is a juridical process

*where in the BUYER IS DEPRIVED OF THE WHOLE OR PART OF THE THING purchased

* by virtue of a FINAL JUDGEMENT

* based on PRIOR TO THE SALE or an ACT IMPUTABLE TO THE VENDOR.

*the VENDOR WAS SUMMONED TO THE COURT IN THE SUIT FOR EVICTION at the instance of the
vendee

*no waiver on part of the vendee

- if there is a trespassing, this article cannot be applied since the trespasser claims no right so the
vendee can direct the action to the trespasser.

-warranty can be stipulated so there can be increase, diminish or suppress the warranty depending on
the agreement of the parties.

1549

-talks about the right of the buyer nga dili daw malost even if wala siya niappeal to the court

-The vendee need not appeal from the decision in order that the vendor may become liable for eviction.

-the vendor being notified by the case filed in the court must followed up the case since in the first place
he should have conducted such diligence before niya gibaligya ang property to the buyer

- However, the decision of the court must be FINAL

Finality of judgment is necessary before one can enforce warranty - A judgment becomes final if on
appeal, the decision decreeing the eviction is affirmed; or if within the period within which to appeal, no
appeal was made

1550

-talks about ownership acquired by the third party through prescriptive period in relation to warranty
against eviction.

-PRESCRIPTION is the MODE OF ACQUIRING (OR LOSING) OWNERSHIP AND OTHER REAL RIGHTS
THROUGH THE LAPSE OF TIME IN THE MANNNER AND UNDER THE CONDITIONS PRESCRIBED BY THE
LAW.

“Article 1137. Ownership and other real rights over immovables also prescribe through uninterrupted
adverse possession thereof for thirty years, without need of title or of good faith.”
-before the sale (seller liable for warranty)

-after the sale (not liable anymore)

-under torren system, ownership of land is not subject to prescription

The Torrens System operates on the principle of “title by registration” rather than “registration of title.” A
buyer can only receive a title if it is first registered, rather than buying a piece of land and then register it
later.

1551

-this talks about eviction due to not paying of taxes

-bali si Seller gatag iya ug yuta pero wala gabayad ug tax. Unya it happens nga nabaligya n ani seller ang
yuta ni Buyer. Now, buyer is evicted to the property when the land is sold in public auction for non
payment of taxes.

A has land, the taxes on which he has not paid. A sells it to B. Later, the land is sold at public auction for
the non-payment of taxes and B is evicted. A is responsible, but only if B id not know at the time of the
sale that A had not paid the taxes thereon.

1552

THIS TALKS ABOUT EVICTION IN CASE OF JUDICIAL SALES

Judgement debtor - losing defendant in a lawsuit who owes the amount awarded in the judgement to
the winner.

-so if gikiha si buyer sa third party nga gaclaim nga ilaha tong property, pwedi morequest si buyer nga
ipasummon tong judgement debtor since siya man ang tag iya sa property and with that makadefend
sad siya sa iyang right sa ato nga property.

-if ever napildi sila, then ang judgement debtor maoy liable sa eviction towards the buyer and if wala
najuy ikabayad si judgement debtor ni buyer, then ang katong money nga nareceive ni judgement
creditor sa pagbaligya sa property padung ni buyer kay pwedi makuha since the judgment creditor
should not be permitted to retain the proceeds of the sale, at the expense of the purchaser

-Simply because evicted baya si purchaser, so dapat lang sad kuhaon niya balik iya gibayad. Lain sad
kaayo no na nagbyad siya, nya wala siyay ownership sa thing. So ang mahitabo, dapat in accordance siya
sa general principle that a person may not enrich himself at the expense of another. Bali si creditor
nakabenefit siya kay nabayran ang utang ni debtor, pero unfair siya sa part ni evicted purchaser maong
dli permitted si judgment creditor to retain the proceeds.
1553

-warranty can be stipulated

-but if the seller is in bad faith nga he knows that there will ultimately an eviction to happen and
gistipulate na sa contract nga dili liable si seller from the obligation to answer for eviction then ang
nasabotan is void.

- if bad faith is buyer then dili sad right nga iheld liable si seller

1554

-talks about waiving the right of the buyer to warranty in case of eviction

-2 Kinds of Waiver:

a. Consciente - voluntarily made by the vendee without the knowledge and assumption of the
risks of eviction *VENDOR SHALL PAY ONLY THE VALUE OF THE THIG SOLD AT THE TIME OF EVICTION.

b. Intencionada - made by the vendee with the knowledge of the risks of eviction and
assumption of its consequences. * THE VENDOR SHALL NOT BE LIABLE.

-Every waiver is presumed to be consciente. To consider it intencionada, it must be accompanied by

some circumstance which reveals the vendor's knowledge of the risks of eviction and his intention to
submit to such consequences.

1555

-talks about the right of the buyer to demand payment from the seller when there is a total eviction
when the buyer does not waive his/her right.

(1) Value which the thing sold had at the time of the eviction, be it greater or less than the price
of the sale;

(2) Income or fruits, if he has been ordered to deliver them to the party who won the suit
against him;

(If the court does not order the buyer to deliver the in- come or fruits to the winner, said buyer would
be entitled to them. This is fair for after all, in the meantime, the seller was using the price money
without interest. )

(3) Costs of the suit which caused the eviction, and, in a proper case, those of the suit brought
against the vendor for the warranty;

(Paragraph 3 does not include transportation and other incidental expenses. )

 (4) Expenses of the contract; -general rule is si seller jud ang mobayad, but if ang nagbayad sa
paghimo ninyog contract is si buyer, then rightful lang nag refunan ni seller si buyer since naevict man si
buyer

(5) Damages and interests if the sale was made in bad faith.

1556

- talks about the right of the buyer to demand payment from the seller when there is a partial eviction
when the buyer does not waive his/her right.

a. to enforce vendor's liablity for eviction (VICED) OR

b. to demand recission of the contract (there should be no new encumbrances like

mortgage)

1557

-this talks about the two essential elements for the enforcement of warranty

-deprive

-final judgement

1558

-this talks about another essential elements for the enforcement of warranty

-isummoned sa court si seller to give him opportunity to defend his title that he has transferred.

1559

- This article applies only when the buyer is the DEFENDANT

1560

- talks about the right of the buyer in case of NON-APPARENT SERVITUDES

-servitude – (A charge or burden resting upon one estate for the benefit or advantage of another.)
An example of non-apparent easement is a right of way when there is no indication of its existence. A
right of way is apparent when there is a visible road or path to show its exer- cise.

-apparent servitude

-non apparent is registered

-kahibaw si seller

Within 1 year of the execution of deed,

*right to rescind or right to ask for imdemnity,