Text of the provision
Art. 1547. In a contract of sale, unless a contrary intention appears, there is:
(1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing;
(2) An 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. This article shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, pledgee, or other person professing to sell by virtue of authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Unless a contrary intent appears, every sale carries an implied warranty of the seller's right to sell and the buyer's peaceful possession, and an implied warranty against hidden defects and undeclared encumbrances — but not against sheriffs, auctioneers, and the like selling by authority.
Related provisions
- Article 1545 — Conditions and Warranties.
- Article 1548 — Warranty Against Eviction.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.