CHAPTER 4

OBLIGATIONS OF THE
VENDOR
SECTION 3.
CONDITIONS AND
WARRANTIES
CONDITIONS AND WARRANTIES
CONDITION
– An uncertain event or contingency on the happening of which the obligation (or
right) of the contract depends. In such a case, the obligation of the contract does not
attach until the condition is performed.

EFFECT OF NON-FULFILLMENT OF CONDITION (Article 1545)

A. If the obligation of either party is subject to any condition and such condition is not
fulfilled, such party may either:

1. Refuse to proceed with the contract.

2. Proceed with the contract, waiving the performance of the condition.

CONDITIONS AND WARRANTIES
B. If the condition is in the nature of a promise that it should happen, the non-performance of such
condition may be treated by the other party as a breach of warranty.
– Conditions may be considered as warranties.

WARRANTY
– A statement or representation made by the seller of goods, contemporaneously and as a
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

A. EXPRESS WARRANTY (Article 1546)

– Any affirmation of fact or any promise by the seller relating to the thing, the natural
tendency of which is to induce the buyer to purchase the thing and the buyer thus induced,
does purchase the same.
CONDITIONS AND WARRANTIES
B. IMPLIED WARRANTY (Article 1357)
– That which the law derives by implication or inference from the nature of the
transaction or the relative situation or circumstances of the parties, irrespective of
any intention of the seller to create it.

EFFECT OF EXPRESS WARRANTY

– A warranty being a part of the contract of sale, it is immaterial whether the seller
did not know that it was true or false. No intent is necessary to make the seller
liable for his warranty. It is the natural consequences of what the seller says and
the reliance thereon by the buyer that alone are important.

EFFECT OF EXPRESSION OF OPINION

– A mere expression of opinion, no matter how positively asserted, does not import a
warranty unless the seller is an expert and his opinion was relied upon by the buyer.
CONDITIONS AND WARRANTIES
IMPLIED WARRANTIES IN SALE

A. IMPLIED WARRANTY AS TO SELLER’S TITLE (Articles 1547 and 1548 in relation to Articles 1459
and 1562)
– That the seller guarantees that he has a right to sell the thing sold and to transfer
ownership to the buyer who shall not be disturbed in his legal and peaceful possession
thereof.

B. IMPLIED WARRANTY AGAINST HIDDEN DEFECTS OR UNKNOWN ENCUMBRANCE (Article 1561)

– That the seller guarantees that the thing sold is free from any hidden faults or defects or
any charge or encumbrance not declared or known to the buyer.

C. IMPLIED WARRANTY AS TO FITNESS OR MERCHANTABILITY (Article 1562)

– That the seller guarantees that the thing sold is reasonably fit for the known particular
purpose for which it was acquired by the buyer or, where it was bought by description, that
it is of merchantable quality.
CONDITIONS AND WARRANTIES
WHEN IMPLIED WARRANTY NOT APPLICABLE

A. “AS IS AND WHERE IS” SALE

– The phrase “as is and where is” (which has been adopted from dispositions of army
surplus property) means nothing more than that the vendor makes no warranty as
to the quality or workable condition of the goods, and that the vendee takes them in
the conditions in which that they are found and from the place where they are
located. It does not extend to liens or encumbrances unknown to the vendee and
could not be disclosed by a physical examination of the goods sold.

B. SALE OF SECOND-HAND ARTICLES

– There is no implied warranty as to the condition, adaptation, fitness or suitability for
the purpose for which made, or the quality of an article sold as and for a second-
hand article. But such articles might be sold under such circumstances as to raise
an implied warranty.
CONDITIONS AND WARRANTIES
C. SALE BY VIRTUE OF AUTHORITY IN FACT OR LAW
– No warranty of title is implied in a sale by one not professing to be the owner.
Accordingly, the rule on implied warranty does not apply to a sheriff, auctioneer,
mortgagee, pledgee or other person who sells by virtue of authority in fact or law. In
other words, they are not liable to a person with a legal or equitable interest in the
thing sold. They do not warrant the title of the person who is supposed to own the
thing sold.
SUBSECTION 1.
WARRANTY IN CASE OF
EVICTION
WARRANTY AGAINST EVICTION
EVICTION (Article 1548)
– 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.

ESSENTIAL ELEMENTS OF WARRANTY AGAINST EVICTION

A. The vendee is deprived in whole or in part of the thing purchased.

B. He is so deprived by virtue of a final judgment.

C. The judgment is based on a right prior to the sale or an act imputable to the vendor.

D. The vendor was summoned in the suit for eviction at the instance of the vendee.

E. There is no waiver on the part of the vendee.

WARRANTY AGAINST EVICTION
WARRANTY AGAINST EVICTION REFERS TO TRESPASS IN LAW
– The disturbance referred to in the case of eviction is a disturbance in law which
requires that a person go to the courts of justice claiming the thing sold, or part
thereof, and invoking reasons. If final judgment is rendered depriving the vendee of
the thing sold or any part thereof, the doctrine of eviction becomes applicable.

VENDEE NEED NOT APPEAL (Article 1459)

– If the lower court evicts the buyer, he does not need to appeal to the appellate
courts before he can sue for damages. However, the decision must of course be
final.

PRESCRIPTION
– One acquires ownership and other real rights through the lapse of time in the
manner and under the conditions prescribed by law. In the same way, rights and
actions are lost by prescription.
WARRANTY AGAINST EVICTION
EFFECT OF PRESCRIPTION

A. COMPLETED BEFORE SALE

– The vendee may lose the thing purchased to a third person who has acquired title
thereto by prescription. When prescription has commenced to run against the
vendor and was already complete before the sale, the vendee can enforce the
warranty against eviction. In this case, the deprivation is based on a right prior to
the sale and an act imputable to the vendor.

B. COMPLETED AFTER SALE (Article 1550)

– Even if prescription has started before the sale but has reached the limit prescribed
by law after the sale, the vendor is not liable for eviction. The reason is that the
vendee could easily interrupt the running of the prescriptive period by bringing the
necessary action.
WARRANTY AGAINST EVICTION
EFFECT OF NON-PAYMENT OF TAXES (Article 1551)
– If the vendee is deprived of the ownership of the property because it is sold at public
auction for non-payment of taxes due from the vendor, the latter is liable for
eviction for an act imputable to him. It is required, however, that at the time of the
sale, the non-payment of taxes was not known to the vendee.

LIABILITY OF JUDGMENT DEBTOR (Article 1552)

– It has been held universally that in case of failure of title, a purchaser in good faith
at a judicial sale is entitled to recover the purchase money from the officer if the
funds are still in his hands or from the judgment debtor.
– While the rule on implied warranty does not apply to a sheriff who sells by virtue of
authority in law, the judgment debtor is responsible for eviction and hidden defects
even in judicial sales, unless otherwise decreed in the judgment.
WARRANTY AGAINST EVICTION
EFFECT OF STIPULATION WAIVING WARRANTY

A. EFFECT OF SELLER’S BAD FAITH (Article 1553)

– The seller’s bad faith consists in knowing beforehand at the time of the sale of the
presence of the fact giving rise to eviction. If the seller after selling his property to
another, sold the same to another purchase, he cannot, even by stipulation, be
exempt from liability and such stipulation is void.

B. EFFECT OF BUYER’S BAD FAITH

– If the buyer knew of the defect of the title at the time of sale, he cannot claim that
the vendor has warranted his legal and peaceful possession of the property sold.
The buyer proceeded with the sale with the assumption of the risk of eviction and,
therefore, is not entitled to warranty against eviction nor to right to recover
damages.
WARRANTY AGAINST EVICTION
KINDS OF WAIVER OF EVICTION
A. CONSCIENTE
– That is, the waiver is voluntarily made by the vendee without the knowledge and assumption
of the risks of eviction.
B. INTENCIONADA
– That is, the waiver is made by the vendee with knowledge of the risks of eviction and
assumption of its consequences.
EFFECT OF WAIVER BY VENDEE (Article 1554)
A. If the waiver was only conscious, the vendor shall pay only the value which the thing sold had
at the time of eviction.
B. In the second kind of waiver, the vendor is exempted from the obligation to answer for eviction,
provided he did not act in bad faith.
WARRANTY AGAINST EVICTION
RIGHTS AND LIABILITIES OF SELLER IN CASE OF EVICTION (VICED) (Article 1555)

A. VALUE OF THE THING

– If at the time of the eviction the value of the property is really more or less than its
value at the time of the sale, by reason of improvements or deterioration, it is but
just that the vendor should pay the excess or not suffer the damage.

B. INCOME OR FRUITS OF THE THING

– If the court does not order the buyer to deliver the income 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.
WARRANTY AGAINST EVICTION
C. COST OF THE SUIT
– The vendee is also entitled to recover the expense of litigation resulting in eviction,
including the costs of the action brought against the vendor to enforce his warranty.
“Costs of the suit” mentioned does not include travelling and other incidental
expenses incurred by the vendee in defending himself in the action. He is not
entitled to recover damages unless the sale was made by the vendor in bad faith.

D. EXPENSES OF THE CONTRACT

– In the absence of any stipulation to the contrary, the expenses in the execution and
registration of the sale are borne by the vendor. However, if the vendee should have
paid for such expenses, he shall have the right to demand the same from the
vendor.
WARRANTY AGAINST EVICTION
E. DAMAGES AND INTEREST
– The right of the vendee to demand “damages and interests and ornamental
expenses” is qualified by the condition that the sale was made in bad faith. If good
faith is presumed, the vendee is not entitled to recover damages unless bad faith on
the part of the vendor is shown in making the sale. The interests in paragraph 5
refer to interests on costs, expenses, and damages. Note that in paragraph 5 the
sale must have been made in BAD FAITH, which must be proved.

WHEN THERE IS PARTIAL EVICTION (Article 1556)

A. When the vendee is deprived of a part of the thing sold if such part is of such
importance to the whole that he would not have bought the thing without said part.

B. When two 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.
WARRANTY AGAINST EVICTION
ALTERNATIVE RIGHTS OF VENDEE IN CASE OF PARTIAL EVICTION (Article 1556)

A. Rescission.

B. Enforcement of warranty.

NECESSITY OF FINAL JUDGMENT (Article 1557)

– 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. It
should be noted that under Article 1549, the vendee need not appeal from the
decision of the lower court. Thus, it is sufficient that the judgment be FINAL as
understood hereinabove, before the warranty can be enforced.
WARRANTY AGAINST EVICTION
RULES REGARDING FORMAL SUMMONS TO VENDOR

A. VENDOR TO BE MADE PARTY IN SUIT FOR EVICTION (Article 1558)

– The phrase “unless he is summoned in the suit for eviction” means that at the
instance of the vendee, the vendor should be made a party to the suit either by way
of asking that the former be made a co-defendant or by the filing of a third-party
complaint against said vendor.

B. OBJECT OF THE LAW

– The object is to give the vendor an opportunity to intervene and defend the title that
he has transferred, for, after all, he alone would know the circumstances or reasons
behind the claim of the plaintiff and be in a position to defend the validity of his title.
In the absence of such opportunity, the vendor is not bound to his warranty.
WARRANTY AGAINST EVICTION
VENDOR TO BE MADE CO-DEFENDANT (Article 1559)
– The defendant vendee threatened with eviction who wishes to preserve his right of
warranty, should call in the vendor to defend the action which has been instituted
against him. He should ask the court within the time allowed him to answer, that the
vendor be made a co-defendant to answer the complaint of the plaintiff who seeks
to deprive him (the vendee) of the property purchased.

SERVITUDE or EASEMENT
– Is an encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner. An example of an apparent servitude is a
right of way establishing a permanent passage, which is continually kept in view by
external sign. An example of a non-apparent easement is a party wall which has no
exterior sign.
WARRANTY AGAINST EVICTION
REMEDIES OF VENDEE WHERE IMMOVABLE SOLD ENCUMBERED WITH NON-APPARENT
BURDEN (Article 1560)

A. Rescission.

B. Damages.

WHEN REMEDIES NOT AVAILABLE (Article 1560)

A. If the burden or servitude is apparent, that is, “made known and is continually kept in
view by external signs that reveal the use and enjoyment of the same.”

B. If the non-apparent burden or servitude is registered.

C. If the vendee had knowledge of the encumbrance, whether it is registered or not.

WARRANTY AGAINST EVICTION
WHEN ACTION MUST BE BROUGHT (Article 1560)
– The action for rescission or damages must be brought within one year from the
execution of the deed of sale. If the period has already elapsed, the vendee may only
bring an action for damages within one year from the date of the discovery of the
non-apparent burden or servitude.
SUBSECTION 2.
WARRANTY AGAINST
HIDDEN DEFECTS OF OR
ENCUMBRANCES UPON THE
THING SOLD
WARRANTY AGAINST HIDDEN DEFECTS
REDHIBITORY ACTION or ACCION REDHIBITORIA (Article 1561)
– 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.
The object is the rescission of the contract. If the object is to procure the return of a
part of the purchase price paid by the vendee, the remedy is known as accion quanti
minoris or accion quanti estimatoris.

REDHIBITORY VICE OR DEFECT

– A defect in the article sold against which defect the seller is bound to warrant. The
vice or defect must constitute an imperfection, a defect in its nature, of certain
importance; and a minor defect does not give rise to redhibition.
WARRANTY AGAINST HIDDEN DEFECTS
REQUISITES FOR WARRANTY AGAINST HIDDEN DEFECTS (Article 1561)

A. The defect must be important or serious.

WHEN DEFECT IS IMPORTANT

1. It renders the thing sold unfit for the use for which it is intended.

2. If 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.

B. It must be hidden/latent.

C. The defect must exist at the time the sale was made.
WARRANTY AGAINST HIDDEN DEFECTS
D. The vendee must give notice of the defect to the vendor within a reasonable time.

E. The action for rescission or reduction of the price must be brought within the statute of
limitations.

F. There must be no waiver of warranty on the part of the vendee.

WHERE DEFECT PATENT OR MADE KNOWN

A. A warranty, in general terms, does not cover defects which the buyer must have observed.

B. The rule is applicable to a defect which is not obvious but of which the seller tells the buyer, or
which the buyer knows or should have known. A well-recognized limitation on any doctrine
freeing the seller from liability for statements or promises in regard to obvious defects is that,
if the seller successfully uses art to conceal the defects, the seller is liable.
WARRANTY AGAINST HIDDEN DEFECTS
C. As a general rule, there is no implied warranty against hidden defects in the sale of second-
hand goods. Again, as an exception, the seller shall be liable if he has been shown to have
made misrepresentation or acted in bad faith.

D. The seller may bind himself against patent or obvious defects (manifest upon casual inspection)
if the intent to do so is clearly evident. In such a case, the seller cannot allege as a defense that
inspection (which the buyer failed to make) would have disclosed the defect or that the buyer
relied on his own judgment.

IMPLIED WARRANTIES OF QUALITY

A. IMPLIED WARRANTY OF FITNESS

1. GENERAL RULE
– There is no implied warranty as to the quality or fitness for any particular purpose of
goods under a contract of sale.
WARRANTY AGAINST HIDDEN DEFECTS
2. EXCEPTIONS (Article 1562)

a. The buyer, expressly or by implication, manifests to the seller the particular

purpose for which the goods are required.

b. The buyer relies upon the seller’s skill or judgment. Then, whether he be the
grower or manufacturer or not – there is an implied warranty that the goods are
reasonably fit for such purpose.

B. IMPLIED WARRANTY OF MERCHANTABILITY

RULES REGARDING MERCHANTABILITY

1. Where goods are bought by description, the seller impliedly warrants that the
goods are of merchantable quality.
WARRANTY AGAINST HIDDEN DEFECTS
2. The requirement of merchantable quality carries with it no implication that the
goods shall be saleable in a particular market.

3. It must be made clear that the warranty that the goods are of merchantable quality
applies to all goods bought from a seller who deals in goods in that description,
whether they are sold under a patent or trade name or otherwise.

RULES REGARDING SALE UNDER A PATENT OR TRADE NAME (Article 1563)

A. By exactly defining what he wants, the buyer has exercised his own judgment instead
of relying upon that of the seller. This definition may be given by means of a trade name
or in any other way. The description must be the buyer’s choice, or the goods must not
only be described and definite but known, in order to preclude warranty of fitness.
WARRANTY AGAINST HIDDEN DEFECTS
B. Article 1563 provides an exception in case of “a stipulation to the contrary.” Thus, there
is still an implied warranty of fitness for particular purpose where the buyer relied
upon the seller’s judgment rather than the patent or trade name. “Particular purpose,”
as used in Article 1563, means a usage different from the ordinary uses the article was
made to meet.

C. The provision does not preclude an implied warranty of merchantability or fitness for a
purpose for which such specified article is ordinarily or generally sold. Thus, if the
seller is a dealer in food, and the buyer is buying for immediate consumption and relies
on the seller’s skill or judgment, there is an implied warranty that the article sold is fit
for human consumption.
WARRANTY AGAINST HIDDEN DEFECTS
EFFECT OF USAGE OF TRADE (Article 1564)
– A warranty as to the quality or fitness for a particular purpose may be attached by
usage to a contract containing no express provision in regard to warranty, though in
the absence of usage no warranty would be implied. The usage is relied on for the
purpose of showing the intention of the parties. If there is no usage, the parties
would naturally express their intention. A usage in order to bind both parties must
be known to both or, if unknown to one, the other must be justified in assuming
knowledge on the part of the person with whom he is dealing. The presumption is
that the parties are aware of the usage of trade.
WARRANTY AGAINST HIDDEN DEFECTS
RULES REGARDING MERCHANTABILITY OF GOODS SOLD BY SAMPLE (Article 1565)

A. WHERE SAMPLE NOT MERCHANTABLE

– As a general rule, all the buyer is entitled to, in case of a sale or contract to sell by sample,
is that the goods be like the sample, so he has no right to have the goods merchantable if
the sample which he has inspected is not. The reason upon which this rule is based is
identical with that which generally denies an implied warranty to a buyer who has inspected
the goods which he buys.

B. WHERE SAMPLE SUBJECT TO LATENT DEFECT

– Where the defect in the goods is of such a character that inspection will not reveal it, so in
the case of a sale by sample, if the sample is subject to a latent defect, and the buyer
reasonably relies on the seller’s skill or judgment, the buyer is entitled not simply to goods
like the sample, but to goods like those which the sample seems to represent, that is,
merchantable goods of that kind and character. Under Article 1481, the contract may be
rescinded where the bulk of the goods delivered do not correspond with the sample.
WARRANTY AGAINST HIDDEN DEFECTS
EFFECT OF IGNORANCE OF VENDOR (Article 1566)

A. GENERAL RULE
– The ignorance of the vendor does not relieve him from liability to the vendee for any hidden
faults or defects in the thing sold. In other words, good faith cannot be availed of as a
defense by the vendor.

B. EXCEPTION
– The parties, however, may provide otherwise in their contract provided the vendor acted in
good faith, that is, he was unaware of the existence of the hidden fault or defect.

WHERE VENDEE AWARE OF THE DEFECT

– If the vendee is aware of the defect in the thing he buys or lack of title in the vendor, he
cannot later complain thereof. He is deemed to have willfully and voluntarily assumed the
risk attendant to the sale.
WARRANTY AGAINST HIDDEN DEFECTS
ALTERNATIVE REMEDIES OF THE BUYER TO ENFORCE WARRANTY (Article 1567)
A. ACCION REDHIBITORIA
– An action to withdraw from the contract with right to damages.
B. ACCION QUANTI MINORIS or ACCION QUANTI ESTIMATORIA
– An action to demand proportionate reduction of the price with right to damages.
EFFECT OF LOSS OF THING SOLD ON ACCOUNT OF HIDDEN DEFECTS (Article 1568)
A. VENDOR AWARE OF HIDDEN DEFECTS
– If the vendor was aware of the hidden defects in consequence of which the thing sold was
lost, he shall bear the loss because he acted in bad faith.
WHAT VENDEE MAY RECOVER
1. The price paid.
WARRANTY AGAINST HIDDEN DEFECTS
2. The expenses of the contract.

3. Damages.

B. VENDOR NOT AWARE OF HIDDEN DEFECTS

– If the vendor was not aware of them there shall be no liability for damages. He is not
made liable for damages because he is not guilty of bad faith.

WHAT VENDOR IS OBLIGED TO RETURN

1. The price paid.

2. Interest thereon.

3. Expenses of the contract if paid by the vendee.

WARRANTY AGAINST HIDDEN DEFECTS
EFFECT OF LOST OF DEFECTIVE THING SOLD (Article 1569)
– If the thing sold had no hidden defects, its loss through a fortuitous event or through
the fault of the vendee is, of course, to be borne by the vendee.
– However, the vendor is obliged to return the price paid less the value of the thing at
the time of its loss in case where hidden defects existed. In other words, under
Article 1569, the vendor is still made liable on his warranty.
– The difference between the price paid for the thing and the value at the time of the
loss, represents the damage suffered by the vendee and is at the same time the
amount with which the vendor enriched himself at the expense of the vendee. If the
vendor acted in bad faith, he shall also be liable for damages.

APPLICABILITY TO JUDICIAL SALES (Article 1570)

– While the preceding articles apply to judicial sales, still no liability for damages will
be assessed against the judgment debtor in view of the compulsory nature of the
sales.
WARRANTY AGAINST HIDDEN DEFECTS
PRESCRIPTIVE PERIOD (Article 1571)
– The action for rescission of the contract or reduction of the purchase price prescribes in six
months from delivery.
SALE OF TWO OR MORE ANIMALS TOGETHER (Article 1572)
A. GENERAL RULE
– When two 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, the general rule is that the redhibition will not affect the
others without it. It is immaterial whether the price has been fixed for a lump sum for all the
animals or for a separate price for each.
B. EXCEPTION
– The exception is when it can be shown by the vendee that he would not have purchased the
sound ones without those which are defective. Such intention need not be established by the
vendee but shall be presumed when a team, yoke, pair or set is bought unless the vendor
proves the contrary.
WARRANTY AGAINST HIDDEN DEFECTS
SALE OF TWO OR MORE THINGS TOGETHER (Article 1573)
– The points considered in the preceding article apply also to sale of two or more
things where only one or more of them but not all have hidden defects.

SALE OF ANIMALS AT FAIRS OR AT PUBLIC AUCTIONS OR AS CONDEMNED (Article 1574)

– There is no warranty against hidden defects. It is based on the assumption that the
defects must have been clearly known to the buyer.
– Since the law does not make any distinction, the public auctions referred to may be
judicial or extrajudicial. Sale of animals as condemned precludes all idea of
warranty against hidden defects. Such animals are bought not because of their
quality or capacity for work. The fact that the livestock is condemned must be
communicated to the buyer; otherwise, the seller is still liable.
WARRANTY AGAINST HIDDEN DEFECTS
VOID SALE OF ANIMALS DUE TO PUBLIC POLICY (Article 1575)

A. Animals suffering from contagious diseases.

B. Those found unfit for the use or service stated.

REDHIBITORY DEFECT OF ANIMALS

– 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.

RULE IN CASE OF REDHIBITORY DEFECT OF ANIMALS (Article 1576)

– To be considered redhibitory, the defect must not only be hidden. It must be of such a nature
that expert knowledge is not sufficient to discover it. However, if the veterinarian failed to
discover it through his ignorance, or failed to disclose it to the vendee through bad faith, he
shall be liable for damages. The responsibility is his and not the vendor’s.
WARRANTY AGAINST HIDDEN DEFECTS
LIMITATION OF ACTION IN SALE OF ANIMALS (Article 1577)
– The redhibitory action based on the faults of animals shall be barred unless brought within
forty days from the date of their delivery to the vendee. According to the second paragraph,
what should be considered redhibitory defects in the sale of animals are only those
determined by law or by local customs. If the defects are patent, there is no warranty
against such defects although there exists a redhibitory vice.

RESPONSIBILITY OF VENDOR WHERE ANIMAL DIES (Article 1578)

– If the animal sold is suffering from any disease at the time of the sale, the vendor is liable
should it die of said disease within three days from the date of the sale (not date of
delivery). This claim of the vendee must be based on a finding of an expert that the disease
causing the death existed at the time of the contract. If the death occurs after three days or
the defect is patent or visible, he is not liable.
– If the loss is caused by a fortuitous event or by the fault of the vendee, and the animal has
vices, Article 1569 should be applied.
WARRANTY AGAINST HIDDEN DEFECTS
LIABILITY OF BUYER IN CASE SALE OF ANIMAL IS RESCINDED (Article 1579)
– If the vendee avails himself of the remedies granted by Article 1567, the vendee must return
the animal in the condition in which it was sold and delivered. In case of injury due to his
negligence, the vendee shall be responsible but this would be no obstacle to the rescission
of the contract due to the redhibitory defect or fault of the animal.
– Under Article 1556, the buyer may not ask for rescission where he has created new
encumbrances upon the thing sold.
ALTERNATIVE REMEDIES OF VENDEE IN SALE OF ANIMALS (Article 1580)
– The vendee has the same right to bring at his option, either an accion redhibitoria or an
accion quanti minoris. The action must be brought within forty days from the date of the
delivery of the animals to the vendee (Article 1577).
FORM OF SALE OF LARGE CATTLE (Article 1581)
– The special law governing the sale of large cattle is Act No. 4117, now found in Sections 511
to 536 of the Revised Administrative Code, as amended, providing for the registration,
branding, conveyance, and slaughter of large cattle.
– The sale must appear in a public document.