Article 1545 1560 Explanations

Article 1545 Sinabi ni seller na ganito si product at
dahil doon naingganyo si buyer na

Condition - means an uncertain event or
bumili.
contingency on the happening of which
the obligation (or right) of the contract Statement of seller’s opinion - no matter
depends how positively as serted, does not
import a warranty unless the seller is an
If the obligation of a party is subject to
expert and his opinion was relied upon
condition which is not fulfilled;
by the buyer.
1. if the obligation is subject to any
Article 1547
condition.
m
(a) refuse to proceed with the contract; Implied warranties - The term implied
er as
or warranty is reserved for cases where
co
eH w
the law attaches an obligation to the
(b) proceed with the contract, waiving
o.
seller which is not expressed in any
rs e
the performance of the condition.
ou urc
words. Kahit walang written na
- meaning, iwewave nalang ang nakalastipulate, these obligation must
o
condition at babayaran ang purchase be observed.

aC s
price.
vi y re
1. Implied warranty as to seller’s title -

Article 1446 seller guarantees that he has a right to
sell the thing sold and to transfer
ed d
Warranties - A warranty is a statement

ownership to the buyer. Mayroong right
ar stu
or representation made by the seller of

si seller na mag transfer ng ownership
goods, contemporaneously and as a
at a time of sale.
is
part of the contract of sale

Th
2. Implied warranty against hidden

Kinds of warranties
defects - that the seller guarantees that
Express warranties - any affirmation of the thing sold is free from any hidden
sh
fact or any promise by the seller relating faults or defects.

to the thing. To induce the buyer to
Winawarrant ni seller na walang sira.
purchase the thing
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3. Implied warranty as to fitness or claiming his right to the thing sold then
merchantability - that the seller court might have a judicial process to
guarantees that the thing sold is evict yung vendee.
reasonably fit for the known particular
The essential elements are:
purpose
(1) The vendee is deprived in whole or
Winawarrant ni seller na magagamit ang
in part of the thing purchased;
thing sold to its intended use.
(2) He is so deprived by virtue of a final
When is implied warranty not
judgment (Art. 1557.);
applicable?
(3) The judgment is based on a right
m
1. “As is and where is” sale – mag
er as
prior to the sale or anact imputable to
bebenta at bibili ang buyer whatever its
co
the vendor; may napagbentahan na ng
eH w
present or immediately apparent
una at siya ay good faith, then you as a
o.
condition .
rs e vendee maeevict ka.
ou urc
2. Sale of second hand articles - But
(4) The vendor was summoned in the
such articles might be sold under such
o
suit for eviction at the instance of the

circumstances as to raise an implied
aC s
vendee (Art. 1558.); and kailangang

vi y re
warranty
isama si vendor para mapatanggol niya
3. Sale by virtue of authority in fact or ang rights na inilipat sa iyo
ed d
law - No warranty of title is implied in a

(5) There is no waiver on the part of the
ar stu
sale by one not professing to be the

vendee.
owner.
is
Warranty against eviction refers to

Article 1548
Th
trespass in law.
Warranties - defined as the judicial
Article 1549
process. whereby the vendee is
sh
deprived of the whole or part of the thing if the lower court evicts the buyer, he
purchased by virtue of a final judgment. does not need to appeal to the appellate
When the ownership of is questionable courts before he can sue for damages.
and there is another person who’s
But before vendor will be liable to his hindi na nakakapagbayad ng tax kaya
eviction, it must be prescribed. inauction na, maari kan ipa-evict ng
winner sa auction nung property. EVICT
Article 1550
si SELLER at VENDEE
Prescription - one acquires ownership
and other real rights through the lapse
of time in the manner and under the
conditions prescribed by law. There is
Article 1552
an adverse possession
In case of failure of title, a purchaser in
EFFECTS OF PRESCRIPTION
good faith at a judicial sale is entitles to
m
er as
Completed before sale – the vendee recover the purchase money from the
co
might lose the thing purchased when officer if the funds are still in his hands
eH w
prescription has commenced to run or from the judgment debtor. For
o.
against the vendor was completedrs e example bumili ka ng property sa
ou urc
already before the sale. auction then at a later time na evict ka,
then pwede mong marecover ang
o
Completed after sale - Even if

binayad mo sa judgment debtor.
aC s
prescription has started before the sale

vi y re
but has reached the limit prescribed by Article 1553

law after the sale, the vendor is not
(1) Effect of vendor’s bad faith - if the
ed d
liable for eviction the vendee could

vendor after selling his property to
ar stu
easily interrupt the running of the

another, sold it again to another
prescriptive period.
purchaser, he cannot even by
is
Article 1551 stipulation, be exempt from warranty

Th
against eviction, because he acted in

If the vendee is deprived of the
bad faith. VOID ang STIPULATION
ownership of the property because it is
sh
sold at public for nonpayment of taxes (2) Effect of vendee’s bad faith – kapag
due from the vendor, the latter is liable alam ng vendee na mapuput siya into
for eviction for an act imputable to him. eviction at the time of sale then he
Kung ibinenta sa iyo ang property na cannot claim that the vendor has
warranted his legal and peaceful to eviction when you acquired that
possession of the property. Because he property.
proceeded with the sale with the
Article 1555
assumption of the danger of eviction.
Vendor is liable for the ff:
a. babalik ni vendor ang value of the

thing sold.
Article 1554
b. income or fruits – kung anong income
Kinds of waiver of eviction ng property ayun ang babayaran ni
vendor
m
(1) Consciente, that is, the waiver is
er as
voluntarily made by the vendee without c. cost of suit which cause the eviction –
co
eH w
the knowledge and assumption of the magkano ang ginastos sa kaso
o.
risks of eviction; and
rs e d. expenses of the contract – binayaran
ou urc
(2) Intencionada, that is, the waiver is dapat muna ni vendee bago
made by the vendee with knowledge of mareimburse ni vendor
o
the risks of eviction and assumption of

aC s
e. damages and interests and

vi y re
its consequences.
ornamental expenses liable.
Effects of waiver by vendee
Article 1556
ed d
(1) If the waiver was only conscious, the

ar stu
It states the rule that if there is partial

vendor shall pay only the value which
eviction, the vendee has the option
the thing sold had at the time of eviction
is
either to enforce the vendor’s liability

babalik mo yung binayad sa iyo ni buyer
Th
for eviction (Art. 1555.) or to demand

mo.
rescission of the contract.
(2) In the second kind of waiver, the
sh
The above rule is applicable if:

vendor is exempted from the obligation
to answer for eviction since alam mo (1) When the vendee is deprived of a
naman from the start na you are entitled part of the thing sold if such part is of
such importance to the whole that he
would not have bought the thing without is that, he should be summoned in the
said part. Kabuuan ng part na yun ay suit for eviction at the instance of the
doon pa siya naevict. vendee.
(2) When two or more things are jointly (1) Vendor to be made party in suit for
sold whether for a lump sum or for a eviction - Need mag participate ni seller
separate price for each, and the vendee sa suit dahil siya lang ang
would not have purchased one without makakapagdefend ng peaceful
the other hindi bibilhin na buyer ang possession of the vendee to the thing
property kung wala yung iba. sold.
Alternatives of vendee in case of (2) Object of the law - The object is to
m
er as
partial eviction give the vendor an opportunity to
co
eH w
intervene and defend the title that he
a. recission - In case the vendee is
has transferred kung hindi siya binigyan
o.
totally evicted from the thing sold, he
rs e ng chance to defend then he is not
ou urc
cannot avail of the remedy of rescission
bound to warranty.
b. enforcement of warranty – when the
o
Article 1559
vendee loses only a part of the thing
aC s
vi y re
sold, there still remains a portion of the Kapag ang defendant vendee ay
thing. threatened with eviction then he may
call the vendor. Pwede i-ask si court na
ed d
Article 1557
bigyan ng time si vendor to answer the
ar stu
It is not necessarry that the buyer questions regarding the ownership.

appeals to the lower court decision, it is
is
Article 1560
necessary that the judgment of eviction
Th
is final so that warranty against seller Concept of easement and servitude – is

can be enforced. an encumbrance imposed upon an
sh
immovable for the benefit of another

Article 1558
immovable belonging to a different
Another essential requisite before a owner.
vendor may be legally liable for eviction
Kinds of easement or servitude
a. apparent easement – one that is the period has already elapsed, the
made known and continually kept in vendee may only bring an action for
view by external signs that reveal its use remedy of damages na lang within one
and enjoyment. Nakabili si buyer ng year from the date of the discovery of
servient estate and it has the external the non-apparent burden or servitude.
signs.
b. non-apparent easement – one which

shows no external indication of its
existence.
Remedy of b
m
er as
1. recision
co
eH w
2. ask for damages
o.
rs e
ou urc
When remedies not available
a. If the burden or servitude is apparent,

o
that is, “made known and is continually

aC s
vi y re
kept in view by external signs that reveal

the use and enjoyment of the same’’
ed d
b. If the non-apparent burden or

ar stu
servitude is registered;
If the vendee had knowledge of the

is
encumbrance, whether it is registered or

Th
not.actual knowledge.
(3) When action must be brought. —

sh
The action for rescission or damages

must be brought within one year from
the execution of the deed of sale. For
you to avail the remedies of recission. If
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Article 1545 Sinabi ni seller na ganito si product at

dahil doon naingganyo si buyer na

condition at babayaran ang purchase be observed.

1. Implied warranty as to seller’s title -

Warranties - A warranty is a statement

or representation made by the seller of

part of the contract of sale

2. Implied warranty against hidden

fact or any promise by the seller relating faults or defects.

suit for eviction at the instance of the

vendee (Art. 1558.); and kailangang

law - No warranty of title is implied in a

sale by one not professing to be the

Warranty against eviction refers to

Completed after sale - Even if

prescription has started before the sale

but has reached the limit prescribed by Article 1553

liable for eviction the vendee could

easily interrupt the running of the

Article 1551 stipulation, be exempt from warranty

against eviction, because he acted in

a. babalik ni vendor ang value of the

the risks of eviction and assumption of

e. damages and interests and

(1) If the waiver was only conscious, the

It states the rule that if there is partial

either to enforce the vendor’s liability

for eviction (Art. 1555.) or to demand

The above rule is applicable if:

Alternatives of vendee in case of (2) Object of the law - The object is to

It is not necessarry that the buyer questions regarding the ownership.

is final so that warranty against seller Concept of easement and servitude – is

immovable for the benefit of another

b. non-apparent easement – one which

a. If the burden or servitude is apparent,

that is, “made known and is continually

kept in view by external signs that reveal

b. If the non-apparent burden or

If the vendee had knowledge of the

encumbrance, whether it is registered or

(3) When action must be brought. —

The action for rescission or damages

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