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 citing this article
- Eduardo Atienza vs. Golden Ram Engineering Supplies & Equipment Corporation and Bartolome Torres, G.R. No. 205405, June 28, 2021 — read the decision on LawPhil →
- In the Matter of Urgent Petition for the Release of Prisoners on Humanitarian Grounds, G.R. No. 252117, July 28, 2020 — read the decision on LawPhil →
- RCBC Savings Bank vs. Noel M. Odrada, G.R. No. 219037, October 19, 2016 — read the decision on LawPhil →
- Estelita Villamar vs. Balbino Mangaoil, G.R. No. 188661, April 11, 2012 — read the decision on LawPhil →
- Paciencia A. Deleon, et al. vs. Ma. Catalina P. Tan, et al, G.R. No. 186094, August 23, 2010 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.