Article 1561
Babaratin niya na sana or
Redhibition is the avoidance of a sale on
account of some vice or defect in the
thing sold. Yung thing na nasold is
impossible to use or inconvenient and
imperfect that kung nalaman ni buyer ng
mas maaga ay hindi na niya bibilhan.
Redhibitory action - is 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 recission of the
contract or accion quanti or estimatoris.
Redhibitory vice or defect - is 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.
Requisites for warranty against hidden
defects.
(1) The defect must be important or
serious; hindi mo magagamit sa gusto
mong gamitin.
hindi na lang binili.
(2) It must be hidden/latent; hindi dapat
visible, hindi magiging liable si seller
kahit hidden kapag expert si vendee
who, by reason of his trade or
profession, should have known it.
* hidden to the eyes and cannot be
discovered by ordinarily careful
inspection or examination.
(3) It must exist at the time of the sale;
(4) The vendee must give notice of the
defect to the vendor within a reasonable
time
(5) The action for rescission or reduction
of the price must be brought within the
proper period — 6 months from the
delivery of the thing sold. or within 40
days from the date of the delivery in
case of animals.
Where defect patent or made known.
(1) A warranty, in general terms, does
not cover defects which the buyer must
have observed.
(2) The same 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
(3) As a general rule, there is no implied
warranty against hidden defects in the
sale of second-hand goods. Exception is
when the seller has been shown to have
made misinterpretation or acted in bad
faith.
(4) The seller may bind himself against
patent or obvious defects (manifest
upon casual inspection) if the intent to
do so is clearly evident.
Article 1562
Implied warranties of quality. Quality
of goods, state or condition. Dapat may
warranty sa quality. Honest dealing ni
seller.
1. implied warranty of fitness
There is no implied warranty as to the
quality or fitness for any particular
purpose of goods under a contract of
sale.
1. Implied warranty of merchantability
Where goods are bought by description,
the seller impliedly warrants that the
goods are of merchantable quality.
Merchantability fitness to its purpose for
normal usage according with any
statements or promises made on the
packaging or label - Not a warranty to
quality.
(b) Causes of unmerchantability - Goods
may be unmerchantable not because of
any defect in their physical condition but
because of some other circumstances.
their infringement of trademarks of
others renders them unsalable. Other
goods than food may be
unmerchantable because the use of
them is dangerous or injurious in ways
not to be expected from the goods of the
kind
(c) Saleability in a particular market.
Dapat general market, dahil ayun ang
winawarrant nila.

Excpt: (a) Particular purpose of goods – (d) Applicability to goods in that

expressly or by implications manifest to description. — It must be made clear
the seller the particular purpose for that the warranty that the goods are of
which goods are required. (2) the buyer merchantable quality applies to all
relies upon the seller’s skill or judgment. goods bought from a seller who deals in
goods in that description, whether they
are sold under a patent or trade name or
otherwise.
Article 1563
Rules regarding sale under a patent
or trade name.
(1) By exactly defining what he wants,
the buyer has exercised his own
judgment instead of relying upon that of
the seller. By means of giving a trade
name. Description must be the buyer’s
choice. It precludes warranty.
(2) Excpt. If the buyer relies on the
seller’s judgment rather than the patent
or trade name. there is still an implied
warranty of fitness for particular
purpose.
(3) 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. Kahit na bumili ng may patent or
trade name basta it fits to the general
use then there is still an implied
warranty of merchantability or fitness for
a purpose.
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.
Dahil naka sanayan mo ng bumili ng
trade or brand nayun, kahit na walang
sinabing there is warranty as to the
quality or fitness for a particular purpose
magkakaroon na iyon dahil sa matagal
mo naman na kasi itong binibili or
ginagamit. But also remember that 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.
Article 1565
(1) 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 thing he buys or lack of title in the
vendor, he cannot later complain
(2) Where sample subject to latent
thereof. Willingly and voluntarily
defect - Where the defect in the goods
concented to the risk.
is of such a character that inspection will
not reveal it, so in the case of a sale by Doctrines of “caveat venditor” and
sample, if the sample is subject to a “caveat emptor.”
latent defect, and the buyer reasonably
caveat venditor – let the seller beware.
relies on the seller’s skill or judgment
Giving the seller the liability even if he’s
hindi lang entitle si buyer sa goods like
not aware that the thing sold is in fault or
the sample but also a merchantable
defect. Kung maniningil ka ng tamang
goods of that kind and character.
presyo, ibigay mo yung tamang quality
Article 1566 or expected usage of the thing sold.

Responsibility of vendor for hidden caveat emptor – let the buyer beware.
defects. the buyer purchases at his own risk in
the absence of an express warranty in
(1) Effect of ignorance of vendor. — The
the contract.
ignorance of the vendor does not relieve
him from liability to the vendee for any Article 1567
hidden faults or defects in the thing sold.
Accion Redhibitoria – an action to
In other words, good faith cannot be
withdraw from the contract with right to
availed of as a defense by the vendor.
damages.
(2) Exception. — The parties, however,
Accion Quanti Minoris or Accion
may provide otherwise in their contract
quanti estimatoria – an action to
provided the vendor acted in good faith,
demand proportionate reduction of the
that is, he was unaware of the existence
price with right to damages.
of the hidden fault or defect. By
stipulation. Article 1568

(3) Where vendee aware of the defect. (1) Vendor aware of hidden defects. —
— If the vendee is aware of the defect in If the vendor was aware of the hidden
defects in consequence of which the
thing sold was lost, he shall bear the
Represents the damage suffered by the
loss because he acted in bad faith. In
vendee and is at the same time the
such case, the vendee has the right to
amount with which the vendor enriched
recover:
himself at the expense of the vendee.
(a) the price paid;
Article 1570
(b) the expenses of the contract; and
while in the preceeding articles apply to
(c) damages. judicial sales, still no liability for
damages will be assessed against the
(2) Vendor not aware of hidden defects.
judgment debtor in view of the
— If the vendor was not aware of them,
compulsory nature of sales. Since
he shall be obliged only to return:
involuntary ang sales, walang
(a) the price paid; pananagutan sa damages si judgment
debtor.
(b) interest thereon; and
Article 1571
(c) expenses of the contract if paid by
the vendee. He is not made liable for Actions arising from the provisions of
damages because he is not guilty of bad the preceding ten articles shall be
faith. barred after six months, from the
delivery of the thing sold.
Article 1569
Prescription of actions in cases of
If the thing sold had no hidden defects,
implied/express warranty.
its loss through a fortuitous event or
through the fault of the vendee is, of (1) The action for rescission of the
course, to be borne by the vendee. contract or reduction of the purchase
price outside this period the action is
However, the vendor is obliged to return
barred. prescribes six months from the
the price paid less the value of the thing
date of delivery of the thing sold
at the time of its loss in case where
hidden defects existed.
(2) With respect to an express warranty,
in accordance with the general rule on
rescission of contract, the prescriptive
period which is four (4) years, shall
apply unless another period is specified
in the express warranty.
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.

Article 1672
Article 1674
When two or more animals have been
sold at the same time and the This article is a limitation to the
redhibitory defect is in one, or some of provisions of Article 1570. It is based on
them but not in all, the general rule is the assumption that the defects must
that the redhibition will not affect the have been clearly known to the buyer.
others without it. It is immaterial whether
Sale of animals as condemned
the price has been fixed for a lump sum
precludes all idea of warranty against
for all the animals or for a separate price
hidden defects. (Art. 1561.) Such
for each.
animals are bought not because of their
Excpt: The exception is when it can be quality or capacity for work. Walang
shown by the vendee that he would not warranty ang sale na ito dahil hindi sila
have purchased the sound ones without binibili for their quality or capacity to
those which are defective. Such work.
intention need not be established by the
Article 1675
vendee but shall be presumed when a
team, yoke, pair or set is bought unless The sale of animals suffering from
the vendor proves the contrary. Pwede contagious diseases shall be void.
rescind the entire sale
and not merely subject to rescission or
Article 1673 reduction of the price.
This article contemplates a sale that has
been perfected and consummated.
Article 1676
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.
Article 1677
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.
The only considered redhibitory defects
in the sale of animals are only those
determined by law or by local customs.
If the defect is patent or obvious is no
warranty against. Kahit na may defect
yung animal na iyon, wala siyang
warranty kasi patent or obvious naman
‘yon.
Article 1678
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).
If the death occurs after three days or
the defect is patent or visible, he is not
liable.
Article 1679
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 pero
hindi iyon magiging obstacle para hindi
matuloy ang pagrerescind sa sale.
the buyer may not ask for rescission
where he has created new
encumbrances upon the thing sold.
Article 1580
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.

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, brand

ing, conveyance, and slaughter of large

cattle.The sale must appear in a public
document