การไม่เปิดเผยข้อมูลในสัญญาหลังการซื้อบ้านและที่ดิน บ่อบำบัดน้ำเสียของทั้งสองบ้านอยู่บนที่ดินแปลงอื่น ขณะนี้ที่ดินแปลงที่มีบ่อบำบัดน้ำเสียกำลังอยู่ในข้อพิพาทภายในครอบครัว

Summary of potential remedies in the Philippines: You may have strong grounds to pursue the seller for non-disclosure if the property has a hidden defect or misrepresentation. Under the Civil Code of the Philippines (Articles 1561–1571), a seller is liable for hidden defects that render the property unfit for its intended use. The six-month period from delivery typically starts the prescription for claims based on hidden defects, so acting quickly is important. If you are still within that window, you may pursue: (a) Accion Redhibitoria (rescission) to cancel the sale and obtain a refund plus damages if the defect is unfixable; (b) Accion Quanti Minoris (price reduction) to reduce the price to cover the cost to remedy the defect (for example, installing a new, legal septic system on your own lot). If the six-month period has elapsed, you may still pursue damages for fraud (Dolo Causante) under Article 1338, with a generally four-year period from discovery to file. The argument often centers on concealment of a material fact, such as septic tank encroachment. For fraud, the typical timeline is four years from discovery. Recommended next steps include checking your Deed of Sale for as-is clauses (courts have ruled that such clauses do not protect a seller acting in bad faith or concealing known defects), going through Katarungang Pambarangay (Barangay mediation) before filing in court, hiring a geodetic engineer to obtain a formal survey proving encroachment, and, if mediation fails, obtaining a Certification to File Action from the Barangay and engaging a local lawyer to draft a demand letter to the seller to settle without a full trial.

That is an incredibly stressful situation, especially with a family dispute now complicating your access to essential utilities. Dealing with "hidden" infrastructure like a septic tank often feels like a trap because you can't see the problem until it's too late. In the Philippines, you generally have strong legal grounds to pursue the previous owner for non-disclosure, as this situation likely constitutes a Hidden Defect or Misrepresentation. Here is a breakdown of your options and the cases you can pursue: 1. Warranty Against Hidden Defects Under the Civil Code of the Philippines (Articles 1561–1571), a seller is liable for hidden defects that make the property "unfit for the use for which it is intended." The Argument: A house without a functional or legally compliant sewage system (because it sits on someone else's land without an easement) is technically unfit for habitation. The Catch: You must act quickly. Claims for hidden defects typically prescribe (expire) in 6 months from the delivery of the property. 2. Action for Rescission or Price Reduction If the 6-month window hasn't passed, you can file one of two types of civil cases: Accion Redhibitoria (Rescission): You ask the court to cancel the sale entirely, return the house to the seller, and get your full money back plus damages. This is best if the septic tank issue is unfixable. Accion Quanti Minoris (Price Reduction): You keep the house but demand the seller pay you back a portion of the price—specifically the amount it will cost you to build a new, legal septic tank on your own lot. 3. Case for Damages (Fraud/Misrepresentation) If the 6-month period for "hidden defects" has passed, you aren't necessarily out of luck. You can file a case for Damages based on Fraud (Dolo Causante) under Article 1338 of the Civil Code. The Argument: The seller intentionally concealed a material fact (that the septic tank was encroaching on another lot) to induce you to buy. Timeline: For fraud, you generally have 4 years from the discovery of the fraud to file a case. Recommended Next Steps 1. Check your Deed of Sale: Look for "As-is, Where-is" clauses. While sellers use these to avoid liability, Philippine courts have ruled that these clauses do not protect a seller who acted in bad faith or hid known defects. 2. Barangay Conciliation: Since the property is in Zamboanga City, you are likely required to go through the Katarungang Pambarangay (Barangay Mediation) first before you can file a case in court. This is a mandatory step for most civil disputes between individuals. 3. Hire a Geodetic Engineer: Get a formal survey to prove the septic tank is outside your property line. This "technical proof" is vital for any court case. 4. Consult a Local Lawyer: You'll need a "Certification to File Action" from the Barangay if mediation fails. A lawyer in Zamboanga can then help you draft a formal Demand Letter to the previous owner, which often settles these issues without needing a full trial.