OBLIGATIONS

of the
VENDOR
CONDITIONS
Art. 1545
• Where the obligation of either party to a contract
of sale is subject to any condition which is not
performed, such party may refuse to proceed with
the contract or he may waive performance of the
condition.
• If the other party has promised that the condition
should happen or be performed, such first
mentioned party may also treat the
nonperformance of the condition as a breach of
warranty.
CONDITIONS

- an uncertain event or contingency on the

happening of which the obligation (or right) of
the contract depends. (Art. 1545)
Example:

S promised to sell his parcel of land to B, should

S win a case in the Supreme Court. S lost the
case. S may either refuse to sell the parcel of land
or he may waive the performance of the
condition and sell the parcel of land.
Example:
S sold to B certain subdivision lots, with S promising
to construct the necessary roads that would serve as
outlets for entrance and egress to and from the lots
in accordance with the requirements of existing laws
and regulations.
Should S fail to perform, B may treat the non-
performance as a breach of warranty. It is the
seller’s duty to deliver the thing sold in a condition
suitable for its enjoyment by the buyer for the
purposes contemplated.
Art. 1545
xxxxx
Where the ownership in the thing has not passed,
the buyer may treat the fulfillment by the seller of
his obligation to deliver the same as described and as
warranted expressly or by implication in the contract
of sale as a condition of the obligation of the buyer
to perform his promise to accept and pay for the
thing.
WARRANTIES
Art. 1546
Any affirmation of fact or any promise by the
seller relating to the thing is an express
warranty if the natural tendency of such
affirmation or promise is to induce the buyer to
purchase the same, and if the buyer purchase
the thing relying thereon. xxxxx
WARRANTIES
- are guarantees concerning the kind and quality of
the thing which is the subject of the contract of
sale.
- is a statement or representation made by the seller
of goods, contemporaneously and as part of the
contract of sale, having reference to the character,
quality, or title of the goods, and by which he
promises or undertakes to insure that certain facts
are or shall be as he then represents them.
Kinds of Warranty

➢Express warranty
➢Implied warranty
EXPRESS WARRANTY

❖ is any affirmation of fact or any promise by the

seller relating to the thing if the natural
tendency of such affirmation or promise is to
induce the buyer to purchase the same and if
the buyer purchases the thing relying thereon;
❖ May be verbal or a written warranty.
EFFECT OF EXPRESS WARRANTY

• Seller is liable in case of nonperformance.

Art. 1546
xxxxx No affirmation of the value of the
thing, nor any statement purporting to be a
statement of the seller's opinion only, shall be
construed as a warranty, unless the seller made
such affirmation or statement as an expert and
it was relied upon by the buyer.
EFFECT OF EXPRESSION OR OPINION
- a mere expression or opinion, no matter how positively
asserted, does not import a warranty unless the seller
is an expert and this opinion was relied upon by the
buyer.
Effect of Dealer’s talk:
- cannot be considered as an express warranty. A little
exaggeration is allowed by law as a concession to human
nature under the Principle of caveat emptor (buyer beware).
 Art. 1547
In a contract of sale, unless a contrary intention appears, there is:
(1) An implied warranty on the part of the seller that he has a right to sell the
thing at the time when the ownership is to pass, and that the buyer shall from
that time have and enjoy the legal and peaceful possession of the thing;
(2) An implied warranty that the thing shall be free from any hidden faults or
defects, or any charge or encumbrance not declared or known to the buyer.
This Article shall not, however, be held to render liable a sheriff, auctioneer,
mortgagee, pledgee, or other person professing to sell by virtue of authority in
fact or law, for the sale of a thing in which a third person has a legal or
equitable interest.
IMPLIED WARRANTY

- one which the law derives by implication or

inference from the nature of the transaction or
the relative situation or circumstances of the
parties.
IMPLIED WARRANTIES:

1. Implied warranty against eviction

2. Implied warranty against hidden defects or
unknown encumbrance
3. Implied warranty or condition as to the fitness
or merchantability
IMPLIED WARRANTIES, when not applicable:

1. “As is and where is” sale

2. Sale of second-hand articles
3. Sale by virtue of authority in fact or law
Art. 1548
Eviction shall take place whenever by a final judgment based
on a right prior to the sale or an act imputable to the vendor,
the vendee is deprived of the whole or of a part of the thing
purchased.
The vendor shall answer for the eviction even though nothing
has been said in the contract on the subject.
The contracting parties, however, may increase, diminish, or
suppress this legal obligation of the vendor.
EVICTION

- the judicial process whereby the vendee is

deprived of the whole or part of the thing
purchased by virtue of a final judgment based on
a right prior to the sale or an act imputable to the
vendor.
Problem:
S sold his land to B. C entered the said land
without consent and took possession.
Q: Is S liable for breach of warranty against eviction?
A: No, mere trespass in fact does not give rise to the
application of the doctrine of eviction.
The deprivation or disturbance referred to in eviction is
disturbance in law which requires that a person go to
courts of justice claiming the thing sold, or part thereof,
and invoking reasons.
1. IMPLIED WARRANTY against EVICTION

- An implied warranty on the part of the seller that

he has a right to sell the thing at the time when the
ownership is to pass, and that the buyer shall from
that time have and enjoy the legal and peaceful
possession of the thing.
1. IMPLIED WARRANTY against EVICTION
Warranty may be enforced, subject to the following requisites:
• There must be a final judgment.
• Vendee has been deprived in whole or in part of the thing sold.
• Deprivation was by virtue of a right prior to the sale effected by
the seller.
• Vendor has been previously notified of the complaint or
summoned in the suit for eviction at the instance of the vendee.
• There is no waiver on the part of the vendee.
1. IMPLIED WARRANTY against EVICTION
• There must be a final judgment
- a court must have rendered a valid judgment with finality. A judgment
pending appeal is not yet considered final. Hence, the enforcement of
the warranty against eviction is premature.

• Purchaser has been deprived in whole or in part

of the thing sold
- the vendee must have been deprived of the legal possession and
enjoyment of the property or a portion thereof.
1. IMPLIED WARRANTY against EVICTION

• Deprivation was by virtue of a right prior to the sale

effected by the seller
- the vendee must have been evicted because the claimant has a
better right over the property as against the vendor. Such right
of the claimant should have been accrued prior to the sale.
- Even if the right is acquired after the sale, if it is due to seller’s fault
and bad faith, seller is still liable.
1. IMPLIED WARRANTY against EVICTION
• Vendor has been previously notified of the
complaint for eviction at the instance of the
purchaser
- Once an eviction case is filed by the claimant against the vendee, the
latter must notify the vendor about the case.
- The vendee’s failure to notify the vendor may exempt the latter from
liability on account of the warranty over the subject property.
1. IMPLIED WARRANTY against EVICTION

• No Waiver from the vendee

- Warranty is not an essential element of a contract of sale and
may be increased, diminished, or suppressed by agreement of
the parties. (Art. 1548, par. 3)
Art. 1553
Any stipulation exempting the vendor from the obligation
to answer for eviction shall be void, if he acted in bad faith.
1. IMPLIED WARRANTY against EVICTION
Art. 1554 – Waiver by the buyer:
If the vendee has renounced the right to warranty in case of
eviction, and eviction should take place, the vendor shall only pay
the value which the thing sold had at the time of the eviction. Should
the vendee have made the waiver with knowledge of the risks of
eviction and assumed its consequences, the vendor shall not be
liable.
➢ If buyer is without knowledge of risk of eviction – vendor to pay the value of the
thing at the time of eviction should be returned.
➢ If buyer is with knowledge of risk of eviction – no need to return payment, buyer
assumed the consequence.
1. IMPLIED WARRANTY against EVICTION
Warranty may be enforced, subject to the following requisites:
• There must be a final judgment
• Vendee has been deprived in whole or in part of the thing sold.
• Deprivation was by virtue of a right prior to the sale effected by
the seller.
• Vendor has been previously notified of the complaint or
summoned in the suit for eviction at the instance of the vendee.
• There is no waiver on the part of the vendee.
1. IMPLIED WARRANTY against EVICTION

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.

Art. 1549. The vendee need not appeal from the

decision in order that the vendor may become
liable for eviction.
1. IMPLIED WARRANTY against EVICTION
S sold to B a parcel of land which is claimed by C, who
has been in possession of the property in the concept of
owner publicly and continuously for more than 30 years.
Q: Is S liable for breach of warranty against eviction?
A: Yes, because the adverse possession was commenced and
completed before the sale. The vendee can enforce the
warranty against eviction because the deprivation is based
on a right prior to the sale and an act imputable to the
vendor.
 1. IMPLIED WARRANTY against EVICTION
S sold to B a parcel of land which is claimed by C who has
been in possession in the concept of an owner publicly and
continuously for 28 years. After 3 years B brought an action for
recovery of possession and ownership against C which he lost to
the latter.
Q: Is S liable for breach of warranty against eviction?
A: No, S is not liable because even if prescription started before the sale,
it has reached the limit prescribed by law after the sale. The vendee
should have interrupted the running of the prescriptive period by bringing
the necessary action against C during the remaining 2 years or before 30
years lapsed.
1. IMPLIED WARRANTY against EVICTION

Art. 1550. When adverse possession had been

commenced before the sale but the prescriptive
period is completed after the transfer, the vendor
shall not be liable for eviction.
1. IMPLIED WARRANTY against EVICTION

Art. 1551. If the property is sold for nonpayment

of taxes due and not made known to the vendee
before the sale, the vendor is liable for eviction.
1. IMPLIED WARRANTY against EVICTION

Art. 1552. The judgment debtor is also

responsible for eviction in judicial sales, unless it is

otherwise decreed in the judgment.

1. IMPLIED WARRANTY against EVICTION

Art. 1554. If the vendee has renounced the right to

warranty in case of eviction, and eviction should take
place, the vendor shall only pay the value which the
thing sold had at the time of the eviction. Should the
vendee have made the waiver with knowledge of the
risks of eviction and assumed its consequences, the
vendor shall not be liable.
 1. IMPLIED WARRANTY against EVICTION
Kinds of Waiver of Eviction:
1. Consciente (conscious) – waiver is voluntarily made by the
vendee without the knowledge and assumption of the risks of
eviction;
- Vendor shall pay only the value which the thing sold had at the time of
eviction.
2. Intencionada (intentional) – waiver is made by the vendee
with knowledge of the risks of eviction and assumption of its
consequences.
- Vendor is not liable for the eviction provided he did not act in bad faith.
*Presumption is every waiver is consciente unless the contrary is proven
1. IMPLIED WARRANTY against EVICTION
Art. 1555. Rights and Liabilities in case of Eviction:
Vendee shall have the right to demand from the vendor:
1. Return of the value of thing at the time of eviction
2. Income or fruits of thing
3. Costs of the suit
4. Expenses of the contract
5. Damages and Interests, if sold in bad faith
1. IMPLIED WARRANTY against EVICTION
Art. 1556. Alternative Rights of Vendee in case of Partial Eviction:
1. Rights under Art. 1555; or
2. To demand rescission of the contract, if
a) When vendee is deprived of a part of the thing sold and such
part is of such importance to the whole that he would not
have bought the thing without said part; or
b) When 2 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.
1. IMPLIED WARRANTY against EVICTION
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.

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.
1. IMPLIED WARRANTY against EVICTION
Art. 1560. Where immovable sold encumbered with non-
apparent burden:
1. Right of Vendee to demand rescission of the contract; or
2. Demand for Indemnity.
Right not applicable:
a. If the burden or servitude is apparent;
b. If the non-apparent burden or servitude is registered, unless there
is express warranty to the contrary
c. Vendee had knowledge of the encumbrance
1. IMPLIED WARRANTY against EVICTION
Art. 1560. Where immovable sold encumbered with non-
apparent burden:

When action may be brought?

a. Rescission/Damages - within one year from execution of
the deed of sale;
b. Damages – within one year from date of discovery of
the non-apparent burden or servitude, if 1 year have
lapsed from date of execution.
2. IMPLIED WARRANTY against HIDDEN DEFECTS
2. IMPLIED WARRANTY against HIDDEN DEFECTS

REDHIBITION-
- the avoidance of a sale on account of some vice
or defect in the thing sold, which renders its use
impossible, or so inconvenient and imperfect that it
must be supposed that the buyer would not have
purchased it had he known of the vice.

REDHIBITORY VICE or DEFECT-

- a defect in the article sold against which defect the seller is bound to warrant.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

REDHIBITORY ACTION-

- an action instituted to avoid a sale on account of

some vice or defect in the thing sold which renders
its use impossible, or so inconvenient and imperfect
that it must be supposed that the buyer would not
have purchased it had he known of the vice.
2. IMPLIED WARRANTY against HIDDEN DEFECTS
Art. 1561. The vendor shall be responsible for warranty
against the hidden defects which the thing sold may have,
should they render it unfit for the use for which it is intended, or
should they diminish its fitness for such use to such an extent
that, had the vendee been aware thereof, he would not have
acquired it or would have given a lower price for it; but said
vendor shall not be answerable for patent defects or those
which may be visible, or for those which are not visible if the
vendee is an expert who, by reason of his trade or profession,
should have known them.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

- An implied warranty that the thing shall be free

from any hidden faults or defects, or any charge
or encumbrance not declared or known to the
buyer.
- Defect must be hidden, hence does not apply to patent/visible
defects, or not visible but vendee is an expert who, by reason
of his/her trade or profession, should have known them.
2. IMPLIED WARRANTY against HIDDEN DEFECTS
For effective enforcement, the following must concur (requisites):
• Defect must be hidden
• Defect must exist at the time of sale
• Defect must be ordinarily excluded from the contract
• Defect must be important or serious
• Action must be instituted within the prescribed period - 6 months from delivery (Art. 1571)
or within 40 days from the date of delivery (animals) [Art. 1577 (1)]
• Vendee must give notice of the defect to the vendor within a reasonable time (Art. 1586)
• No waiver of warranty on the part of the vendee [Art. 1548(3)]
2. IMPLIED WARRANTY against HIDDEN DEFECTS

• Defect must be hidden

- not known and could not have been known to the vendee
- this will not apply if there is a contrary stipulation, and the
vendor is not aware of the hidden faults or defects in the
thing sold (vendor is in good faith) [Art. 1581, 1566(2),
1553]
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1565. In the case of a contract of sale by sample, if the

seller is a dealer in goods of that kind, there is an implied
warranty that the goods shall be free from any defect rendering
them unmerchantable which would not be apparent on
reasonable examination of the sample.
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1566. The vendor is responsible to the vendee for any

hidden faults or defects in the thing sold, even though he was
not aware thereof.

This provision shall not apply if the contrary has been

stipulated, and the vendor was not aware of the hidden faults
or defects in the thing sold.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

• Defect must exist at the time of sale

- This requires that the vendee must prove that the defect existed at
the time of sale.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

Defect must be important or serious

- A defect is said to be important or serious if:
1. It precludes the vendee from the full enjoyment or use of the thing
purchased;
2. It renders the thing sold unfit for the use for which it is intended; or
3. It diminishes its fitness for such use to such an extent that the vendee
would not have acquired it had he been aware thereof or would
have given a lower price for it.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

• Defect must be ordinarily excluded from the

contract
- The type of defect must not be one of those kinds which exempts the
seller from liability.
2. IMPLIED WARRANTY against HIDDEN DEFECTS

• Action must be instituted within the prescribed

period of enforcement

➢ Under Article 1570 of the Civil Code, action to enforce

warranty against hidden defects shall prescribe after six
months from delivery.
 No warranty under the following instances:

1. No implied warranty by Sheriff, Auctioneer, mortgagee,

pledgee, or other person professing to sell by virtue of
authority in fact or law, for the sale of a thing in which a third
person has a legal or equitable interest.

2. No warranty against hidden defects of animals sold at fairs

or at public auctions, or of live stock sold as condemned.

(Article 1547)
3. IMPLIED WARRANTY OR CONDITION
AS TO THE QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1562. In a sale of goods, there is an implied warranty or

condition as to the quality or fitness of the goods, as follows:
(1) Where the buyer, expressly or by implication, makes known
to the seller the particular purpose for which the goods are
acquired, and it appears that the buyer relies on the seller's
skill or judgment (whether he be the grower or manufacturer or
not), there is an implied warranty that the goods shall be
reasonably fit for such purpose;
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE

- A thing may be fit for general purpose, but it may not

be considered fit for a specific purpose.

- If the vendee manifested the particular purpose for

which the object will be used, the vendor must ensure
that the thing must serve the purpose for which it is
intended at the time of delivery.
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1562. In a sale of goods, there is an implied warranty or

condition as to the quality or fitness of the goods, as follows:
(1) xxxxxx
(2) Where the goods are brought by description from a seller
who deals in goods of that description (whether he be the
grower or manufacturer or not), there is an implied warranty
that the goods shall be of merchantable quality.
Case:
• S sold a car for P300,000 to B. Unknown to B, the car then had a
cracked engine block, the replacement of which would cost
P175,000. Despite his knowledge of this defect, S obtained a
waiver from B of the latter’s right under the warranty against
hidden defects. Subsequently, the car was wrecked due to the
recklessness of B who only then discovered the defects.
Q: What right, and to what extent, if any, has B against S?
A: B can recover P175,000, the difference between the purchase
price and the true value. The waiver is void because S knew of
the defect (S was in bad faith).
Pacific Commercial Co. vs. Ermita Market & Cold Stores, 56 Phil. 617 (1932)

FACTS: Under a contract of sale, S delivered and installed in B’s

establishment a refrigerating machine. The machine was in perfect
accord with the description made in the contract but it did not give the
result expected by B. S brought an action to recover the balance of the
purchase price.
ISSUE: Is B’s action in refusing to pay the balance justifiable considering
that he could not use the machine satisfactorily in his establishment?
RULING: No. The inability of B to use the machine satisfactorily cannot be
attributed to any defect in the machine nor to S’s fault since the
machine was strictly in accordance with the specifications in the written
contract of sale.
 WARRANTY OF
FITNESS
A warranty that the goods are
suitable for the special purpose
of the buyer which will not be
satisfied by mere fitness for
general purposes.
WARRANTY OF
MERCHANTABILITY
A warranty that goods are
reasonably fit for the general
purpose (per description) for
which they are sold.
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1563. In the case of contract of sale of a specified article

under its patent or other trade name, there is no warranty as
to its fitness for any particular purpose, unless there is a
stipulation to the contrary.
3. IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE

Art. 1564. An implied warranty or condition as to the quality or

fitness for a particular purpose may be annexed by the usage of
trade.

Usage of Trade – is a practice or method of dealing having such

regularity of observance in a place, vocation of trade as to justify an
expectation that it will be observed with respect to the transaction.
3. IMPLIED WARRANTY OR CONDITION

Art. 1567. In the cases of Articles:

1561 – Hidden defects; 1562 – Merchantability/Fitness for Particular Purpose;
1564 – Usage of Trade; 1565 – Sale by Sample; and
1566 – Hidden defects that vendor are unaware
the vendee may elect between withdrawing from the contract
and demanding a proportionate reduction of the price, with
damages in either case.

Alternative Remedies of Vendee:

Accion Redhibitoria (rescission) – withdraw from the contract + damages; or
Accion Quanti Minoris – demand a proportionate reduction of the price + damages
LOSS of thing with HIDDEN DEFECTS

Art. 1568. If the thing sold should be lost in consequence of the

hidden faults, and the vendor was aware of them, he shall bear
the loss, and shall be obliged to return the price and refund the
expenses of the contract, with damages. If he was not aware of
them, he shall only return the price and interest thereon, and
reimburse the expenses of the contract which the vendee might
have paid.
LOSS of thing with HIDDEN DEFECTS

Art. 1569. If the thing sold had any hidden fault at the time of
the sale, and should thereafter be lost by a fortuitous event or
through the fault of the vendee, the latter may demand of the
vendor the price which he paid, less the value which the thing
had when it was lost.
If the vendor acted in bad faith, he shall pay damages to the
vendee.
Illustration:

S sold to B a vessel for P5 million. The defects of the construction of

the vessel were hidden and concealed and were unknown to B until an
official inspection was made. To make the vessel seaworthy, an
investment of P500,000 for repairs was necessary.
If through the fault of B, the vessel was burned, S is nevertheless
bound to return the purchase price of P5,000,000.00 paid by B less
P4,500,000.00 the value of the vessel at the time of the loss.
JUDICIAL SALES

Art. 1570. The preceding articles of this Subsection

shall be applicable to judicial sales, except that the
judgment debtor shall not be liable for damages.
PRESCRIPTION OF ACTION

Art. 1571. Actions arising from the provisions of the

preceding ten articles shall be barred after six
months, from the delivery of the thing sold.
REDHIBITORY DEFECTS
Art. 1572. If two or more animals are sold together, whether for a
lump sum or for a separate price for each of them, the redhibitory
defect of one shall only give rise to its redhibition, and not that of
the others; unless it should appear that the vendee would not
have purchased the sound animal or animals without the
defective one.
The latter case shall be presumed when a team, yoke pair, or
set is bought, even if a separate price has been fixed for each one
of the animals composing the same.
REDHIBITORY DEFECTS: Sale of 2 or more things together

Art. 1573. The provisions of the preceding article

with respect to the sale of animals shall in like
manner be applicable to the sale of other things.
REDHIBITORY DEFECTS:

Art. 1574. There is no warranty against hidden

defects of animals sold at fairs or at public auctions,
or of live stock sold as condemned.
VOID SALE of ANIMALS

Art. 1575. The sale of animals suffering from

contagious diseases shall be void.
A contract of sale of animals shall also be void if
the use or service for which they are acquired has
been stated in the contract, and they are found to
be unfit therefor.
REDHIBITORY

Art. 1576. If the hidden defect of animals, even in case

a professional inspection has been made, should be of
such a nature that expert knowledge is not sufficient to
discover it, the defect shall be considered as
redhibitory.
But if the veterinarian, through ignorance or bad faith
should fail to discover or disclose it, he shall be liable for
damages.
REDHIBITORY ACTION

Art. 1577. The redhibitory action, based on the

faults or defects of animals, must be brought within
forty days from the date of their delivery to the
vendee.
This action can only be exercised with respect to
faults and defects which are determined by law or
by local customs.
REDHIBITORY ACTION

Art. 1578. 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.
REDHIBITORY

Art. 1579. If the sale be rescinded, the animal shall

be returned in the condition in which it was sold and
delivered, the vendee being answerable for any
injury due to his negligence, and not arising from the
redhibitory fault or defect.
REDHIBITORY Prescriptive Period: 40 days

Art. 1580. In the sale of animals with redhibitory

defects, the vendee shall also enjoy the right
mentioned in article 1567; but he must make use
thereof within the same period which has been
fixed for the exercise of the redhibitory action.
Alternative Remedies of Vendee:
Accion Redhibitoria (rescission) – withdraw from the contract + damages; or
Accion Quanti Minoris – demand a proportionate reduction of the price + damages
SALE OF LARGE CATTLE

Art. 1581. The form of sale of large cattle

shall be governed by special laws.

Act No. 4117, now Sections 511 to 536 of the Revised Administrative Code
Thanks!