1545
Condition - means an uncertain event or contingency on
the happening of which the obligation of
the contract depends. In such a case, the
obligation of the contract does not attach
until the condition is performed.
Effect of Non-Fulfilment of Condition
1) If the obligation of either party is subject to any
condition and such condition is not fulfilled,
such party may either:
a) Refuse to proceed with the contract; or
b) Proceed with the contract, waiving the
performance of the condition.
2) If the condition is in the nature of a promise
that it should happen, the non-performance of
such condition may be treated by other party as
a breach of warranty.
1546
Warranty any representation made by the seller of
the thing with respect to its character, quality, or
ownership, by which he induces the buyer to purchase
the same relying on said representation
Kinds of Warranty
Express Warranty any affirmation of fact or any
promise by t-he 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.
*A warranty is immaterial whether the seller did not
know that it was false or true. No intent is necessary to
make the seller liable for his warranty.
a mere expression of opinion, no matter how
positively asserted, does not import a warranty unless
the seller is an expert and the opinion was relied upon
by the buyer.
1547
Implied Warranty that which the law derives by
implication or inference form the nature of the
transaction or the relative situation or circumstances of
the parties, irrespective of any intention of the seller to
create it.
*the term implied warranty is reserved in cases
where the law attaches an obligation to the
seller which is not expressed in any words.
1) Implied Warranty As To Sellers Title which 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.
2) Implied Warranty Against Hidden Defects Or
Unknown Encumbrances which the seller guarantees
that the thing sold is free from any hidden defaults or
defects or any charge or encumbrance not declared or
known to the buyer.
3) Implied Warranty As To Fitness Or Merchantability
that the seller guarantees that the thing sold is
reasonably fit for the known particularly purpose for
which it was acquired by the buyer or where it was
bought by description, that it is of merchantable quality.
Where Implied Warranty not Applicable:
1) As Is Where Is Sale 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.
2) Sale Of Second hand Articles there is no
implied warranty as to 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.
3) Sale By Virtue Of Authority In Fact Or Law the
rule on implied warranty does not apply to a
sheriff, auctioneer, mortgagee, pledgee or other person
who sells. In other words, the persons
enumerated 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. Thus, the
purchaser of a property sold at public auction
for tax delinquency takes all the chances.
*the rule on Caveat Emptor(buyer beware) applies to
execution sales since the sheriff does not warrant the
title to real property sold by him as sheriff and it is not
incumbent upon him to place the purchaser in
possession of such property.
1548
Eviction the judicial process whereby the vendee is
deprived of the whole or part of the thing purchased by
virtue of a final judgement based on a right prior to the
sale or an act imputable to the vendor.
Essential Elements of the Warranty against Eviction:
1) The vendee is deprived in whole or in part of
the thing purchased
2) He is so deprived by virtue of a final judgement
3) The judgement is based on a prior to the sale or
an act imputable to the vendor
4) The vendor was summoned in the suit for
eviction at the instance of the vendee
5) There is no waiver on the part of the vendee
*in the absence of any of these requisites, a breach of
warranty against eviction under Article 1547 cannot be
declared.
*Mere trespass in fact does not give rise to the
application of the doctrine of eviction. There is a mere
trespass in fact when the trespasser claims no right
whatever. The vendor is not liable there for. In such
case, the vendee has a direct action against the
trespasser in the same way as the lessee has such right.
*any stipulation exempting the vendor from the
obligation to answer for eviction shall be void if he
acted in bad faith.
1549
The vendees right against the vendor is not lost
because he, the vendee, did not appeal. With a
judgement becoming final whatever be the cause of
finality, the requirement of the law is deemed satisfied.
1550
*By prescription, one acquires ownership and other real
rights through the lapse of time in the manner and
under the conditions prescribed by the law. In the same
way, rights and actions are lost by prescription.
1) 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 completed 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.
2) Completed after sale 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 because the
vendee could easily interrupt the running of the
prescriptive period by bringing the necessary
action.
1551
Deprivation for non-payment of taxes
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.
1552
Liability of 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.
*this article is based on the general principle that a
person may not enrich himself at the expense of
another. Thus, if the purchaser of real property sold on
execution be evicted therefrom because the judgment
debtor had no right to the property sold, the purchaser
is entitled to recover the price paid with interest, from
the judgment debtor. If the sale was effected by the
judgment creditor, the latter should not be permitted to
retain the proceeds of the sale, at the expense of the
purchaser.
1553
Stipulation waiving Warranty
1) Effect of vendors bad faith consists of
knowing beforehand at the time of the sale of
the presence of the fact giving rise to eviction.
Thus, if the vendor after selling his property to
another sold it again to another purchaser, he
cannot, even by stipulation, be exempt from
 warranty against eviction because he acted in
bad faith.
2) Effect of vendees bad faith if he knew the
defect of title at the time of sale, he cannot
claim that the vendor has warranted his legal
and peaceful possession of the property sold.
He proceeded with the sale with the
assumption of the risk of eviction and
therefore, is not entitled to warranty against
eviction or to right to recover damages.
The above rule is only applicable to ----
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.

1554

2 Kinds of Waiver and their Effect

a)Consciente
- Voluntary made by the vendee without the
knowledge and assumption of the risks of
eviction
-the vendor shall only pay the value which the
thing sold had at the time of eviction

b)Intentionada
made by the vendee with knowledge of the
risk of eviction and assumption of its
consequences.
-The vendor is exempted from the obligation to
answer for eviction provided he did not act in
bad faith

1555

RIGHTS and LIABILITIES in case eviction occurs:

1)Return of the Value of thing

2)Income or Fruits of thing

3)Costs of the suit

4)Expenses of the contract

5)Damages and Interests

1556

Alternative rights of the Vendee in case of Eviction:

1) Enforce the vendors liability for eviction

2) Demand Rescission of the contract