Section 3

Conditions and Warranties

MARTIN, M.D. – PUBLIC SERVANT
Art. 1545

1. Conditions in a contract of sale

If the obligation of a party is subject to a condition which is not fulfilled, the other
party may choose to do any of the following:
a. Refuse to proceed with the contract.
b. Waive the performance of the condition.

And, under (a) above, he may also treat the non-performance of the condition as a breach of
warranty.
Art. 1545

Example: B bought a laptop computer from S for P50,000.00 which B agreed to pay in
cash provided that S had already installed an internet connection on the computer upon
its delivery to him. S delivered the computer to B’s place with the internet connection not
yet installed. What remedies are available to B?

Answer: (a) B may refuse to proceed with the contract, by not paying the purchase price.
In case S HAD MADE A PROMISE THAT the internet connection would have already
been installed at the time of delivery, B may also treat S’s non-performance of the
condition as a breach of warranty, OR
Art. 1545

Answer: (a) B may refuse to proceed with the contract, by not paying the purchase price.
In case S HAD MADE A PROMISE THAT the internet connection would have already
been installed at the time of delivery, B may also treat S’s non-performance of the
condition as a breach of warranty, OR

(b) B may just accept the computer and pay the price without demanding the installation
of the internet connection.
Art. 1546

1. Kinds of warranties
a. Express warranty – it is an affirmation of fact or any promise relating to the thing// the
natural tendency of which is to induce the buyer to purchase the same,// and the buyer
purchases the thing relying thereon.

Thus, a statement made by the seller as regards the QUALITY (“this cloth is 100%
wool”), CAPACITY (“this electric pump can fill a 1000 gallon water tank in 10
minutes”), or OTHER CHARACTERISTICS of his product, (“this frying pan is non-
stick) is an express warranty.
Art. 1546

1. Kinds of warranties
b. Implied warranty – this is a warranty that arises automatically by the mere fact that a
contract of sale has been entered into, UNLESS it is suppressed by the parties.
Art. 1546

2. Affirmation of value or statement of opinion (OR DEALER’S TALK)

As a GR, any affirmation as to the value of the thing OR any statement purporting to be a
statement of the seller’s opinion only SHALL NOT BE CONSTRUED AS A WARRANTY.
This also holds true with respect to DEALER’S TALK OR PUFFERY, the use of which a
considerable latitude is allowed by the law.

Thus, statements pertaining to the value of the thing such as “This ring would fetch a price
of P50,000.00 in an auction” or “This antique jar is sold at P30,000.00 elsewhere,” DO
NOT CREATE AN EXPRESS WARRANTY.
Art. 1546

2. Affirmation of value or statement of opinion (OR DEALER’S TALK)

So also are the following statements which are MERE EXPRESSIONS OF OPINION: “I
think this antique jar is 100 years old,” or “I believe this is a 20-carat ring,”.
OR
DEALER’S TALK, such as “The best mobile phone ever to come to the Philippines,” or
“The leather belt that will last a lifetime.”
Art. 1546

3. Expert opinion
If the affirmation of value or statement of opinion pertaining to the thing WAS MADE BY
AN EXPERT, the same SHALL BE CONSTRUED AS A WARRANTY, since the expert’s
opinion shall be considered AS A FACT.

Hence, there is a violation of the warranty if such affirmation or opinion TURNS OUT TO
BE FALSE.
Art. 1546

3. Expert opinion
Thus, a statement of an opinion by an ART DEALER that “this painting is an authentic
work of Juan Luna.” or by a JEWELER that “this diamond is flawless,” or “this bracelet
is worth P100,000.00” IS A WARRANTY since the said statements were made by an
expert.
Art. 1547

1. Implied warranties – 2 kinds:

a. Warranty against eviction – This refers to the implied warranty on the part of the seller
that he has the right to sell the thing 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.
b. Warranty against hidden defects – This refers to the 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.
Art. 1547

2. Persons not liable for breach of warranty

a.Sheriff

b.Auctioneer

c.Mortgagee

d.Pledgee

e.Other persons professing to sell by virtue of authority in fact or law.

Subsection 1
Warranty in case of eviction
Art. 1548

1. Eviction, concept
Eviction is the deprivation of the vendee of the whole or a part of the thing sold by virtue of
a FINAL JUDGMENT based on a right prior to the sale or an act imputable to the
vendor.
Art. 1548 in re to Arts. 1557, 1558 and 1559

1. Requisites in order that the seller’s warranty against eviction may be enforced
a. The purchaser has been deprived of the whole or part of the thing sold.
b. The deprivation is by final judgment.
The vendee need not appeal from the decision or judgment in order that the
vendor may become liable for eviction. (Art. 1549)
c. The deprivation is based on a right prior to the sale or an act imputable to the vendor.
d. The vendor must have been notified of the suit for eviction and made a co-defendant at
the instance of the vendee. (Art. 1558)
Art. 1548

2. Example
S sold his lot to B in a private instrument. B took immediate actual possession of the lot.
Two days later, S sold the same lot in a public instrument to X who recorded the sale with
the Register of Deeds. Neither one was aware of the sale made to the other. When X visited
the lot to take actual possession of it, he saw that B was occupying the same and learned
from B that S had sold the lot to B earlier. Accordingly, X filed a complaint for eviction
against B. Upon receipt of the summons and the complaint, B notified S of the suit
brought against him. After hearing, the court rendered judgment evicting B from the lot.
B CAN HOLD S LIABLE FOR BREACH OF WARRANTY AGAINST EVICTION
because all the elements for liability for breach of warranty against eviction are present.
Art. 1548

3. Other instances when seller is liable for breach of warranty against eviction
a.Sale of the property for non-payment of taxes
If the property is sold for non-payment of taxes due and not made known to the
vendee before the sale, the vendor is liable for eviction. (Art. 1551)

b. Judicial sales
The judgment debtor is liable for eviction, unless otherwise decreed in the
judgment. (Art. 1552)
Art. 1549

1. Appeal by vendee not required

The vendee need not appeal from the decision of the lower court that decreed the
eviction before he can sue the vendor for damages. As long as the decision has
become final, the liability of the vendor already accrues.
The vendor cannot escape from his liability for eviction by asserting that the vendee
should have appealed the judgment of the lower court on the theory that the lower
court’s decision could have been reversed on appeal. After all, the vendor had been
summoned in the suit for eviction and had all the opportunity to avail himself of the
possible remedies to stop the eviction.
Art. 1550
Art. 1550

2. Example
Since January 1, 1980, P, in the concept of an owner, had been in public, peaceful and
uninterrupted possession (OCENPO) of an untitled lot which he knew was inherited by S
from his parents. On October 1, 2008, S sold the lot to B. As of January 5, 2010, P was still
in possession of the lot. Now, under Art. 1137 of the New Civil Code, “Ownership and
other real rights over immovables also prescribe through uninterrupted adverse
possession thereof for thirty (30) years, without need of title or good faith.” Thus, P’s
adverse possession of the lot RIPENED TO OWNERSHIP due to prescription. As a result,
B could not get the lot. May B hold S liable for eviction?
Art. 1550

Answer: No, because when the 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.
Art. 1550

3. When prescriptive period is completed before the transfer

If the prescriptive period is completed before the transfer, the buyer can hold the
seller liable for eviction. This is so because the deprivation of the vendee of the thing sold
is based on a right prior to the sale, i.e., the seller was no longer the owner of the thing at
the time of sale.
Art. 1551

1. Effect of non-payment of taxes

The vendor is liable for eviction if the property is sold for non-payment of taxes due
which was not made known to the vendee before the sale.

2. Example
S sold his lot to B. Unknown to B, the real property taxes on the property had been
in arrears for the past 10 years. As a result, the lot was sold at public auction to
satisfy the taxes due, resulting in the eviction of B. Here, B can hold S liable for
eviction.
Art. 1552

1. Eviction in judicial sales

The judgment debtor is also responsible for eviction is judicial sales, unless it is
otherwise decreed in the judgment.

2. Example
D borrowed P500,000.00 from C. D failed to pay the debt on due date, so C sued him
for collection. The court rendered judgment in favor of C and ordered the sale of a
certain farm lot which was registered in the name of D to satisfy the debt. The lot was
awarded to B at the execution sale. It appeared, however, that T had a claim on the
property, so T sued B for eviction, and obtained judgment against the latter.
Art. 1552

2. Example
D borrowed P500,000.00 from C. D failed to pay the debt on due date, so C sued him
for collection. The court rendered judgment in favor of C and ordered the sale of a
certain farm lot which was registered in the name of D to satisfy the debt. The lot was
awarded to B at the execution sale. It appeared, however, that T had a claim on the
property, so T sued B for eviction, and obtained judgment against the latter.
Here, D, the judgment debtor in the suit that C filed against him, will be liable to B
for eviction, although the latter acquired the lot in a judicial sale.
Arts. 1553; 1554 and 1555

1. Vendor’s liability in case of eviction

a. If there is a stipulation exempting the vendor from the obligation to answer for eviction
1) Vendor acted in bad faith, i.e., he had knowledge at the time of sale of the existence of
a fact that may give rise to eviction, the waiver is void
2) Vendor acted in good faith
b. Where no warranty has been agreed upon OR there was no stipulation exempting the
vendor from liability
1) Vendor acted in bad faith
2) Vendor acted in good faith
Arts. 1553; 1554 and 1555

1. Vendor’s liability in case of eviction

a. If there is a stipulation exempting the vendor from the obligation to answer for eviction
1) Vendor acted in bad faith – Art. 1555, items 1 through 5
2) Vendor acted in good faith –
a) if the vendee made the waiver WITHOUT KNOWLEDGE of the risks
of eviction (waiver consciente), the vendor shall pay only the value of the thing sold at
the time of eviction.
b) if the vendee made the waiver WITH KNOWLEDGE of the risks of
eviction and ASSUMED THE CONSEQUENCES (waiver intencionada), the vendor
shall not be liable.
Arts. 1553; 1554 and 1555

1. Vendor’s liability in case of eviction

b. Where no warranty has been agreed upon or there was no stipulation exempting the
vendor from liability
1) Vendor acted in bad faith – Art. 1555, items 1 through 5 (same)
2) Vendor acted in good faith – Art. 1555, items 1 through 4; there is no
liability for damages and interest
Art. 1556

1. Vendee’s remedies in case of partial eviction

If the vendee loses, by reason of 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:
a) Rescission of the contract; or
b) Enforcement of the vendor’s liability for eviction.
The above 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.
Art. 1556

2. Example
S sold two lots (Lot 1 and Lot 2) for a lump sum of P1,000,000.00. (a) if B is deprived
of Lot 1 because of eviction, what remedies are available to him? (b) Will your answer be
the same if B paid P450,000.00 for Lot 1 and P550,000.00 for Lot 2 and it appears that he
would not have purchased one lot without the other?
Answers: (a) B may rescind the whole contract (the sale of both lots), or he may retain Lot
2 and enforce S’s liability for breach of warrant against eviction for Lot 1. (b) Yes, the
same alternative remedies are available to B, although he paid a separate price for both
lots, because he would not have bought one of the lots without the other.
Art. 1557

1. Necessity of final judgment

In order that the vendor’s warranty for eviction can be enforced, it is required that
final judgment must have been rendered depriving the vendee of the whole or a part
of the thing sold.
A judgment becomes final after the expiration of the time allowed by law for appeal
therefrom or, if an appeal is perfected, after the judgment is upheld in the appellate
court.
Art. 1558

1. Necessity of summons on vendor

In order that the vendor’s warranty against eviction may be enforced against him, it
is likewise required that he is summoned in the suit for eviction at the instance of the
vendee.
This will enable the vendor to defend his title and show that the suit for eviction
against the buyer is unjust.
Art. 1559

1. Vendor must be made a co-defendant

The defendant shall ask, within the time fixed for answering the complaint against
him, that the vendor be made a co-defendant.
This will enable the vendee to proceed against the vendor in case judgment is
rendered against him (vendee). In making the vendor a co-defendant, the vendee
may file a cross-claim against the vendor for the enforcement of the latter’s warranty
if he loses the case.
Art. 1560

1. Easement or servitude, concept

Easement or servitude IS AN ENCUMBRANCE imposed upon an immovable for the
benefit of another immovable belonging to a different owner. (Art. 613)
Example:
A and B are owners of adjoining lots. The only way by which B can have access to
his lot from the road is to pass through A’s lot so he enters into an agreement with A
for A to give him a right of way. The RIGHT OF WAY (ROW) is an easement or
servitude imposed upon the lot of A for the benefit of the lot belonging to B.
Art. 1560

2. Kinds of easement or servitude

a. Apparent easement – One that is made-known and continually kept in view by
external signs that reveal its use and enjoyment. (Art. 615)
b. Non-apparent easement – One which shows no external indication of its existence.
(Art. 615)
Art. 1560

3. Requisites for vendor’s liability should the immovable sold be encumbered with
easement or servitude
a. The easement must be non-apparent.
b. It must not have been mentioned in the agreement.
c. It must be of such nature that it must be presumed that the vendee would not have
acquired the immovable had he been aware thereof.
Art. 1560

4. Vendee’s remedies should the immovable sold be encumbered with any NON-
APPARENT easement or servitude
a. Within one year from the execution of the deed of sale, the vendee may ask for:
1) Rescission, or
2) Damages.
b. After one year from the execution of the deed of sale, the vendee may ask for:
Damages, within a period of one year FROM THE DISCOVERY of the
easement or servitude.
Art. 1560

5. When vendor not liable for easement or servitude

a. When the easement is apparent.
b. When the non-apparent easement 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.
c. When the vendee had knowledge at the time of the sale of the existence of the
easement or servitude, though it was not apparent, such as when it was mentioned in the
agreement.
Subsection 2
Warranty against hidden
defects of or
encumbrance upon the thing
sold
Art. 1561

1. Requisites for enforcement of vendor’s liability against hidden defects.

a. The defect must exist at the time of sale.
b. The defect must be hidden, i.e., not patent or visible.
The vendor, however, shall not be liable for defects that are not visible if the vendee is an
EXPERT who, by reason of his trade or profession, should have known them.
c. The defect must render the thing unfit for the use for which it is intended or diminishes 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.
d. The action to enforce it must be made within the period prov. by law.
Art. 1561

2. Example of req. no. (2) above:

S sold to B a specific emerald-embossed ring. After the sale, B discovered that the
emerald contained little cracks. The cracks on the emerald were hidden and unknown to
B until he made a microscopic scrutiny of it.
In this case, S shall be liable to B for the hidden defect EVEN IF HE (S) WAS NOT
AWARE OF IT.
However, S shall not be liable if B was a gemologist (an expert in gems), who could
have known of the defect by reason of his profession.
Art. 1562

1. Implied warranty of FITNESS FOR A PARTICULAR PURPOSE

A particular purpose may be a specific use peculiar to the business of the buyer OR to
a special situation in which the buyer intends to use the thing purchased by him.
The seller warrants that the thing is fit for the particular purpose of the buyer if the
following requisites are present:
a. The buyer MAKES KNOWN TO THE SELLER the particular purpose for which he
is acquiring the thing; and
b. The buyer ACQUIRES the thing RELYING upon the SELLER’S SKILL OR
JUDGMENT.
Art. 1562

Example: B goes to a store selling beds. He informs the seller that he needs an inflatable
bed that can support the weight of his foreign visitor who is 300 pounds. The seller thus
presents to him a particular type of inflatable rubber bed which B buys relying upon the
seller’s judgment.
If the bed later bursts upon use by B’s visitor, then the seller has violated his warranty
that the bed is fit for the particular purpose of his buyer.
Art. 1562

2. Implied warranty OF MERCHANTABILITY or MERCHANTABLE QUALITY

Where the goods are bought by description from the 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.
The goods are of merchantable quality IF THEY ARE OF AVERAGE QUALITY
AND FIT FOR THE ORDINARY PURPOSE for which such goods are used.
In other words, the goods are “SALABLE” IN THE ORDINARY COURSE OF
BUSINESS.
Art. 1562

Example: B, a grains dealer, ordered a bundle of plastic bags consisting of 100 pieces from
S as described in a catalog sent by S to B. Each plastic bag was described in the catalog as
suitable for the repacking of goods with a weight of 5 kilograms. When B started
repacking rice in the plastic bags shortly after the delivery of the bundle to him, each of
the first 10 plastic bags burst and could not contain its contents.
Here, S has violated his warranty that the goods are of merchantable quality.
Art. 1563
Art. 1563

Example: Belinda went to a store and asked for “Plymouth’s Adhesive,” a glue which is
used ordinarily for paper. Belinda intended to use the glue for a Christmas tree she was
making with used plastic cups as material.
Here, the seller’s warranty is not for the particular purpose of Belinda since she bought
the glue UNDER ITS TRADE NAME. Thus, if the glue did not stick together the plastics
Belinda was using, the store will NOT be liable for breach of warranty of fitness for a
particular purpose.
Art. 1564
Art. 1565

1. Sale by sample
In sale by sample, the parties enter into the contract of sale solely with reference to
the sample. Here, the seller WHO IS A DEALER IN GOODS OF THAT KIND
warrants the following:
a. That the bulk of the goods delivered correspond with the sample
shown to the buyer.
b. That the goods shall be free from any defect rendering them
unmerchantable which would not be apparent on reasonable
examination of the same.
Art. 1565

1. Sale by sample
This warranty is not imposed if the defect CAN BE DISCOVERED UPON A
REASONABLE EXAMINATION OF THE SAMPLE, and the buyer was ACCORDED
THE OPPORTUNITY TO CONDUCT A REASONABLE EXAMINATION OF
THE SAMPLE.
Art. 1566

1. Liability for hidden defects

The vendor is responsible to the vendee for any hidden faults or defects in the thing
sold although he was ignorant of such faults or defects.

2. Waiver of vendor’s liability for hidden defects

There may be a STIPULATION exempting the vendor from liability for hidden faults
or defects in the thing sold. Such stipulation is valid provided the vendor was
NOT AWARE of such faults or defects. If the vendor WAS AWARE of such faults or
defects, he shall be liable to the vendee despite the waiver.
Art. 1566

3. Doctrines of caveat emptor and caveat venditor, distinguished

Under the doctrine of caveat emptor, Latin phrase for “let the buyer beware,” the
BUYER ASSUMES THE RISK and thus cannot recover from the seller for OBVIOUS
defects and imperfections in the property.
The buyer therefore must perform due diligence when making the purchase by
examining and testing a product, because once the deed has been executed, he cannot
recover what he has paid, EXCEPT when the seller made MATERIAL
REPRESENTATIONS or there was an EXPRESS WARRANTY in the contract.
Art. 1566

3. Doctrines of caveat emptor and caveat venditor, distinguished

The doctrine of caveat venditor, Latin for “let the seller beware,” however, has
become more prevalent in consumer protection laws. In fact, our Civil Code provides
that “The vendor is responsible to the vendee for any hidden faults or defects in the thing
sold, even though he was not aware thereof.”
The seller will thus assume liability if the sold items are found DEFECTIVE or there
are DEVIATIONS from the specifications stated in the written sales contract.
When the buyer and the seller, however, are negotiating from equal bargaining
positions, the doctrine of caveat emptor applies.
Art. 1567

1. Vendee’s remedies
a. Rescission of the contract, with damages (accion redhibitoria)
b. Proportionate reduction of the price, with damages (accion quanti minoris)

2. Articles affected:
Art. 1561 (first article on warranty against hidden defects); Art. 1562 (quality or
fitness); Art. 1564 (usage of trade); Art. 1565 (sale by sample); and, Art. 1566 (vendor
responsible).
Arts. 1568 and 1569

1. Liability in case of loss of the thing with hidden defects

a. The cause of the loss is the defect –
b. The cause of loss is a fortuitous event or the fault of the vendee –
Arts. 1568 and 1569

1. Liability in case of loss of the thing with hidden defects

a. The cause of the loss is the defect –
1) If the vendor was aware of the defect, he shall be obliged:
a) To return the price;
b) To refund the expenses of the contract; and
c) To pay damages
2) If the vendor was not aware of the defect, he shall be obliged:
a) To return the price;
b) To pay the interest thereon; and
c) To refund the expenses of the contract.
Arts. 1568 and 1569

1. Liability in case of loss of the thing with hidden defects

b. The cause of the loss is a fortuitous event or the fault of the vendee –
1) If the vendor was aware of the defect, he shall be obliged:
a) To return the price paid less the value of the thing at the time of
loss; and
b) To pay damages.
2) If the vendor was not aware of the defect, he shall be obliged:
To return the price paid less the value of the thing at the time of loss.
Art. 1570

1. Judicial sales
In judicial sales, the judgement debtor, not the officer who conducted the sale, is
actually the seller and the one liable for breach of warranty. Bad faith, however, cannot
be imputed to him because of the compulsory nature of the sale. Hence, he shall not be
liable for damages.
Art. 1571

1. Period of filing action

The action to withdraw from the contract (accion redhibitoria) or reduction of the
price with damages (accion quanti minoris) (Arts. 1561 to 1567); and all other actions
to enforce the seller’s liability for hidden defects when the thing is lost (Arts. 1568
and 1569) and in judicial sales (Art. 1570), is six (6) months from the delivery of the
thing sold.
Art. 1572

1. Remedies of vendee in case of sale of animals with redhibitory defects

GR: 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. Accordingly, the vendee may only ask for:
a) The rescission of the sale of the defective animal (accion redhibitoria), or
b) Ask for a proportionate reduction in its price (accion quanti minoris). (Arts. 1572,
1567 and 1580)
Art. 1572

1. Remedies of vendee in case of sale of animals with redhibitory defects

XPN: The redhibitory defect of one shall give rise to the redhibition of all the
animals sold, including the sound ones, IF the vendee would not have bought the
sound animals without the defective one.
This intention by the vendee is 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.
Accordingly, the vendee may ask for the rescission of the WHOLE contract.
Art. 1572

1. Remedies of vendee in case of sale of animals with redhibitory defects

Example: B bought 6 horses from S. A few days after the sale, one of the horses was found
to have a redhibitory defect.
Here, B can only ask for the rescission of the sale of the horse with such defect or for a
proportionate reduction in its price.
However, if B bought the 6 horses AS A TEAM, such as for his horse-drawn carriage, B
may seek the rescission of the sale of all the horses because he would not have bought
the sound horses without the defective horse.
Art. 1573

Example: Brenda bought online 6 pieces of curtain with identical designs from Shopline
Stores Company. She intended to use the curtains for the size windows of her newly-
constructed bungalow. On inspecting the curtains upon their delivery to her, she
discovered that one curtain had thread runs on it. May Brenda rescind the sale to her of
all the 6 pieces of curtain?
Answer: Yes, because she bought the 6 pieces of curtain AS A SET, which means that she
would not have bought the 5 pieces which did not have any defect, without the defective
piece.
Art. 1574

1. Sale without warranty against hidden defects of animals

There is NO WARRANTY against hidden defects of animals SOLD AT (a) fairs, or (b)
public auctions, or (c) of livestock sold as condemned.

2. Reason for absence of warranty

There is no warranty of sales of animals made at fairs because the contracts are of a
commercial nature and as such are wholly outside the scope of civil law. There is
likewise no warranty for livestock sold as condemned because the animals are bought
neither for their quality nor capacity for work.
Art. 1575

1. When sale of animals is void

a. When the animals are suffering from contagious diseases.
b. When the animals are found to be unfit for the use or service for which they were
acquired as stated in the contract.
Art. 1576

1. Redhibitory defect, concept; liability of veterinarian

Redhibitory defect is a defect of such nature that expert knowledge, even after a
professional inspection has been made, is not sufficient to discover it.
If the veterinarian, through IGNORANCE OR BAD FAITH should fail to discover or
disclose it, he shall be liable for damages.
Art. 1577

1. When must redhibitory action be filed

The redhibitory action, based on the faults or defects of animals, must be filed
within forty (40) days from the date of delivery to the vendee. This action can only
be exercised with respect to faults and defects which are determined by law or local
customs.
Art. 1578

1. Vendor’s liability in case the animal sold dies of disease

The vendor shall be liable for the death of the animal sold if the following
requirements are present:
a. The disease EXISTED AT THE TIME OF SALE;
b. The disease is the cause of death of the animal, and
c. The animal dies within three (3) days from the time of purchase.
2. Nature of disease.
The law makes no reference that the disease should be redhibitory. The vendor’s
liability attaches for as long as the disease caused the death of the animal sold.
Art. 1579

1. EFFECT of the rescission of the sale of an animal with redhibitory defect

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.

2. When animal cannot be retuned in the same condition

In case there is a deterioration of the condition of the animal due to the negligence
OF THE VENDEE, and NOT ARISING from any redhibitory fault or defect,
rescission may still be availed of the vendee, but he shall be liable for such
detrioation.
Art. 1580

1. Remedies of vendee
In sale of animals with redhibitory defects, the vendee may avail himself of:
a. Rescission of the contract, with damages (accion redhibitoria)
b. Proportionate reduction of the price, with damages (accion quanti minoris) (Arts.
1567, 1580)

2. Period to file action

The action for rescission under the provision must be brought within forty (40) days
from the date of delivery to the vendee.
Art. 1581

1. Form of sale of large cattle

The sale of large cattle is governed by Act. No. 4117, otherwise known as the Revised
Administrative Code, as amended. Sections 511 to 536 thereof provides for the rules
on registration, branding, conveyance and slaughter of large cattle. The sale is
required to be in a public instrument.

2. Large cattle, concept

In the law on registration and conveyance, “large cattle” includes the horse, mule, ass,
carabao, or other domesticated member of the bovine family. (Sec. 511, Revised
Administrative Code)