Case Digest (G.R. No. L-2075)
Facts:
Margarita Afialda v. Basilio Hisole and Francisco Hisole, G.R. No. L-2075, November 29, 1949, the Supreme Court En Banc, Reyes, J., writing for the Court.Plaintiff-appellant Margarita Afialda sued defendants-appellees Basilio Hisole and Francisco Hisole for damages, alleging that her now deceased brother Loreto Afialda was employed by the defendants as caretaker of their carabaos for a fixed compensation and that, while tending the animals on March 21, 1947, he was gored by one of the carabaos and later died from the injuries. The complaint alleged that the mishap was not due to Loreto’s own fault nor to force majeure and that plaintiff was his elder sister and heir who depended on him for support.
Before answering, the defendants moved to dismiss for lack of cause of action. The trial court granted the motion and dismissed the complaint. The trial court reasoned that Article 1905 of the Civil Code — imposing liability on the possessor or user of an animal for damages it causes — is intended to protect third persons, whereas loss suffered by a caretaker must be grounded on Article 1902 (liability for acts or omissions resulting from fault or negligence); because the complaint contained no allegation of defendants’ fault or negligence, it failed to state a cause of action.
Plaintiff appealed to the Supreme Court. She argued that Article 1905 imposes liability on the owner irrespective of negligence and cited Manresa’s commentary and a Spanish Supreme Court decision to support an absolute liability reading; the Court examined those authorities but distinguished them as dealing with injuries to strangers. The Court also noted a Spanish decision treating death of an employee injured by an animal as an accident of labor cognizable unde...(Subscriber-Only)
Issues:
- Does Article 1905 of the Civil Code impose absolute liability on the owner/possessor of an animal for injuries caused to the animal’s caretaker?
- If Article 1905 does not apply, does the complaint state a cause of action under Article 1902 of...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)