334 SALES Arts. 1571-1572
1573 OBLIGATIONS OF THE VENDOR 335
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. (1490)
Prescription of actions in cases
of implied/express warranty.
(1) The action for rescission of the contract or reduction of the
purchase price (Art. 1567.) prescribes six months from the date of
delivery of the thing sold. Outside this period the action is barred.
It follows that a vendee should not be permitted to offer as a
defense, hidden defects in the thing sold six months after he had
received it. (Gaba vs. Almonidovar, [C.A.] No. 24703-R, Feb. 24,
1960.) If the action is not for breach of warranty but quasi-delict or
negligence, the prescriptive period is four (4) years. (see Art.
1146[2].)
The ten preceding articles referred to define the vendor’s li-
ability for the defects in the thing sold. (Ibid.) A cursory reading
of said articles reveals that Article 1571 may be applied only in
cases of implied warranty.
(2) With respect to an express warranty, in accordance with
the general rule on rescission of contract, the prescriptive pe-
riod which is four (4) years, shall apply (Moles vs. Intermediate
Appellate Court, 169 SCRA 777 [1989]; Villostas vs. Court of
Appeals, 210 SCRA 490 [1992].) unless another period is speci-
fied in the express warranty. (Engineering & Machinery Corp.
vs. Court of Appeals, 67 SCAD 113, 252 SCRA 156 [1996]; Isidoro
vs. Nissan Motor Philippines, Inc., 116 SCAD 702, 319 SCRA
757 [1999].)
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.
Art.
Conditions and Warranties
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 compos-
ing the same. (1491)
Sale of two or more animals together.
When two or more animals have been sold at the same time
and the redhibitory defect (Art. 1576.) is in one, or some of them
but not in all, the general rule is that the redhibition will not af-
fect 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.
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. (see Art. 1556, par. 1.) 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.
Although Article 1572 provides only for redhibitory actions,
it does not bar the right of the vendee to bring an action quanti
minoris. (see Arts. 1580, 1567.)
EXAMPLE:
S sold to B two carabaos for P10,000.00. If one carabao is
defective, S is liable for his warranty on the defective animal
only. In other words, B is not entitled to return the sound carabao
unless he can show that he would not have purchased it with-
out the defective one.
Such intention is presumed when the carabaos bought are
a male and a female but S may prove the contrary as, for exam-
ple, B has no present need or use for two carabaos.
In any event, B can accept the defective carabao and de-
mand a proportionate reduction of the price.
ART. 1573. The provisions of the preceding article
with respect to the sale of animals shall in like man-
ner be applicable to the sale of other things. (1492)
336 SALES Arts. 1574-1575
Sale of two or more things together.
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.
ART. 1574. There is no warranty against hidden
defects of animals sold at fairs or at public auctions,
or of livestock sold as condemned. (1493a)
Sale of animals at fairs or at public
auctions or as condemned.
This article is a limitation to the provisions of Article 1570. 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 auc-
tions referred to may be judicial or extrajudicial. Sale of animals
as condemned precludes all idea of warranty against hidden de-
fects. (Art. 1561.) Such animals are bought not because of their
quality or capacity for work.
ART. 1575. The sale of animals suffering from con-
tagious 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. (1494a)
When sale of animals void.
The article declares the class of animals which cannot be the
object of commerce — animals suffering from contagious diseases
and those found unfit for the use or service stated. The sale of such
animals is void as against public interest and not merely subject
to rescission or reduction of the price. (Art. 1567.) It is to be gov-
erned by the rules relating to nullity of contracts. (see Art. 1409.)
Even if the animals are found fit for the use or service stated
in the contract, the vendee may still rescind the contract under
Arts. 1576-1577 OBLIGATIONS OF THE VENDOR 337
Conditions and Warranties
Article 1561. This article contemplates a sale that has been per-
fected and consummated.
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 suf-
ficient 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. (1495)
What constitutes redhibitory defect
of animals?
Article 1576 is another rule especially applicable to animals.
To be considered redhibitory, the defect must not only be hid-
den. It must be of such a nature that expert knowledge is not suf-
ficient to discover it. However, if the veterinarian failed to dis-
cover it through his ignorance, or failed to disclose it to the vendee
through bad faith, he shall be liable for damages. The responsi-
bility is his and not the vendor’s.
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. (1496a)
Limitation of action in sale of animals.
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 consid-
ered redhibitory defects in the sale of animals are only those de-
termined by law or by local customs. If the defects are patent, there
338 SALES Arts. 1578-1579 Arts. 1580-1581 OBLIGATIONS OF THE VENDOR 339
Conditions and Warranties

is no warranty against such defects although there exists a redhibi-
tory vice.
ART. 1578. If the animal should die within three
days after its purchase, the vendor shall be liable if
the disease which caused the death existed at time of
the contract. (1497a)
Responsibility of vendor where animal
dies.
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.
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 redhibi-
tory fault or defect. (1498)
ART. 1580. In the sale of animals with redhibitory
defects, the vendee shall also enjoy the right men-
tioned in article 1567; but he must make use thereof
within the same period which he has been fixed for
the exercise of the redhibitory action. (1499)
Alternative remedies of vendee
in sale of animals.
The vendee has the same right to bring at his option, either a
redhibitory action or an action quanti minoris. The action must be
brought within forty days from the date of the delivery of the
animals to the vendee. (Art. 1577.)
ART. 1581. The form of sale of large cattle shall be
governed by special laws. (n)
Form of sale of large cattle.
The special law governing the sale of large cattle is Act No.
4117, now found in Sections 511 to 536 of the Revised Adminis-
trative Code, as amended, providing for the registration, brand-
ing, conveyance, and slaughter of large cattle.
The sale must appear in a public document. (see Art. 1358.)
— oOo —

Liability of buyer in case sale of animal

is rescinded.
If the vendee avails himself of the remedies granted by Arti-
cle 1567 (see Art. 1580.), 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 redhibi-
tory defect or fault of the animal. (see Art. 1569.)
Under Article 1556, the buyer may not ask for rescission where
he has created new encumbrances upon the thing sold.