FUENTES AND ASSOCIATES LAW FIRM

Canduman, Mandaue City, Cebu

Tel. No. (032) 236 5896, 0915 642 7435, e-mail: niel.fuentes@gmail.com

13 April 2020
Via LBC

MR. PETER BANAAG

16 Annapolis St.,
Cubao, Quezon City

RE: Analysis and Advice on the case involving the incident where Mr. Sison’s dog bit your daughter, Mary
Banaag

Dear MR. BANAAG:

You approached me to give you advice regarding you claim for damages amounting to Php 20,000.00
against Mr. Arthur Sison for the damages suffered by your daughter, Mary Banaag, when she was attacked
by Mr. Sison’s pet dog. You asked me to determine whether Mr. Sison can still be held liable for damages
even though Mr. Sison is of the belief that he cannot be held liable since he already paid for the medical
bill. This opinion is provided solely for your use and benefit. It applies only to the facts of the present case,
which shall be found in the facts section of this letter.

On the afternoon of September 12, 2018, Mr. Peter Banaag’s daughter, Mary Banaag, six years of age, went
to Mr. Arthur Sison’s house to buy iced candy. Mary knocked on the latter’s gate, but there was no response.
She pushed the gate and it yielded. Thereafter, Mr. Sison’s dog jumped out from the gate and attacked her
from behind. It bit Mary’s leg and arms as she fell to the ground. Fortunately, Fred Puzon, a neighbor,
passed by the area and came to Mary’s aid. He kicked the dog away. Awakened by the commotion after
having heard shouts that his dog had attacked a child, Mr. Sison immediately went out. He commanded his
dog to go back inside his yard. He immediately brought Mary to a nearby clinic for treatment, paying the
medical bills thereafter. Because of the injury suffered by his daughter, Mr. Banaag demanded P20,000 in
damages from Mr. Sison. In reply, the latter rejected such demand alleging that he was not at fault. In fact,
despite not being at fault, he still took the effort of bringing Mary to the clinic and paid for her treatment.

Mr. Arthur Sison is liable for damages despite paying for the medical expenses because damages are not
limited to the actual damage suffered by Mary but would also include moral damages for the mental
anguish, fright, serious anxiety, wounded feelings, and other similar injury incurred from the incident.
Moreover, Mr. Sison should be held liable not only for the current medical bill, but also for other
complications that could arise from the dog bite inflicted by his dog. Mr. Sison, as the possessor or owner
of an animal is responsible for the damage which the said animal may cause unless he is able to prove that
the incident happened because of the fault of Mary or from some circumstance beyond the control of man.

The applicable law in this case is Article 2183 of the New Civil Code which states that the possessor of an
animal is responsible for the damage caused by the said animal unless it is proven that the damage should
come from some cause beyond the control of man or from the fault of the person who has suffered the
damage. In this case, it is undisputed that Mr. Sison is the owner of the dog that attacked Mary and he has
failed to show that the incident was beyond his control. He cannot raise the defense that Mary was also at
fault because it has been previously ruled by the Supreme Court in the case of Jarco Marketing Corporation
vs. CA that a child below nine years of age cannot be held liable for contributory negligence.

Moreover, it is also stated in Article 2202 of the New Civil Code that a person shall be liable for all damages
which are the natural and probable consequences of the act or omission complained of. In addition to that,
Article 2217 in relation to Article 2219 of the Civil Code states that moral damages may be recovered as
 FUENTES AND ASSOCIATES LAW FIRM
Canduman, Mandaue City, Cebu
Tel. No. (032) 236 5896, 0915 642 7435, e-mail: niel.fuentes@gmail.com

long as physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury are caused to the victim. In the present case,
Mr. Sison cannot be excused from paying for damages just because he already paid for the initial medical
expenses. Damages are not limited to the actual damage suffered by the victim. Mr. Sison is liable for other
complications in Mary Banaag’s health that resulted from the dog bites. Mr. Sison should also be held liable
for the mental anguish, serious anxiety, and shock that Mary experienced from the attack.

Based on my analysis of the relevant facts and applicable laws and jurisprudence, I recommend that you
pursue the filing of the claims for damages against Mr. Sison. Should you have any questions, please feel
free to come by my office or contact me. My contact details are found in the header of this document. Thank
you for your cooperation.

Very truly yours,

Niel Joshua B. Fuentes

Legal Counsel

NJBF