Title
Afialda vs. Hisole
Case
G.R. No. L-2075
Decision Date
Nov 29, 1949
Caretaker gored by carabao; heirs sued owners under Civil Code Article 1905. Court ruled no liability, as caretaker assumed occupational risks, no negligence alleged.

Case Summary (G.R. No. 113658)

Applicable Law and Legal Basis

The case centers on the application of Article 1905 of the Civil Code of the Philippines, which provides that the possessor or user of an animal is liable for any damage caused by the animal, barring exceptions such as force majeure or fault on the part of the injured person. The plaintiff seeks to hold the defendants liable on this basis. The defendants successfully moved for dismissal of the complaint, asserting that the owner is liable only when negligence or fault is proven, especially when the injured party is not a stranger but the caretaker of the animal.

Issue Presented

The primary legal issue is whether the owner or possessor of the animal can be held strictly liable under Article 1905 for injuries caused to the caretaker of the animal, or whether such liability applies only to third parties or strangers. The plaintiff argues for strict liability without the need to establish fault or negligence, while the defendants and the lower court maintain that such liability does not extend to injuries sustained by the caretaker absent proof of fault.

Analysis of Liability Under Article 1905

Article 1905 holds the possessor or user accountable for any damage caused by the animal because they have custody and control over it, which logically places on them the responsibility to prevent harm. However, in this case, the animal was under the control of Loreto Afialda himself, who was the caretaker and voluntarily assumed the risks inherent to this occupation. As the caretaker was employed and compensated to take charge of the animals, the risk of injury was one of the hazards of his employment, and he was presumably in the best position to prevent the harm.

Distinction Between Injury to Stranger and Injury to Caretaker

The court emphasized a crucial distinction: Article 1905 is intended primarily to protect third persons or strangers who are not involved in the custody or care of the animal. This interpretation is supported by prior jurisprudence and commentaries, including cited opinions from the Spanish Supreme Court, which clarifies that injuries to persons engaged in labor-related activities involving the animal are viewed differently. Such injuries have been categorized as occupational hazards and generally fall under labor laws rather than the strict liability provision of Article 1905.

Applicability of Labor Laws and Compensation

The court referred to a Spanish Supreme Court decision recognizing that injuries to employees caused by animals under their charge are “veritable accidents of labor,” which should be treated under labor law frameworks, such as workmen’s compensation, rather than under Article 1905. In the present case, however, the plaintiff did not invoke any labor law remedy or workmen’s compensation, and there was no allegation that the defendants’ business met the financial thresholds specified in relevant labor laws.

Absence of Allegations of Fault or Negligence

Since the plaintiff elected to rely solely on Article 1905 and did not allege fault or negligence on the defendants as required under Article 1902 of the Civil Code, the compla

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