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Dog Owner Liability Case Analysis

Arthur Sison's dog attacked Peter Banaag's six-year-old daughter Mary when she went to Arthur's house to buy ice candy. Under Philippine law, as the dog owner Arthur is liable for any damages caused by his dog unless due to inevitable circumstances. Mary is presumed incapable of contributory negligence due to her age. The memorandum recommends filing a case against Arthur for the 20,000 pesos in damages Peter is demanding.

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Rochelle Ann Reyes
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166 views2 pages

Dog Owner Liability Case Analysis

Arthur Sison's dog attacked Peter Banaag's six-year-old daughter Mary when she went to Arthur's house to buy ice candy. Under Philippine law, as the dog owner Arthur is liable for any damages caused by his dog unless due to inevitable circumstances. Mary is presumed incapable of contributory negligence due to her age. The memorandum recommends filing a case against Arthur for the 20,000 pesos in damages Peter is demanding.

Uploaded by

Rochelle Ann Reyes
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LEGAL OFFICE MEMORANDUM

TO: Atty. Joan Saniel-Amit


FROM: Rochelle Ann P. Reyes
Date: March 5, 2019
RE: Liability of the dog owner

I. Statement of the Assignment

This legal memorandum provides the case of a father named Peter


Banaag who has a child, Mary. Mary was attacked by the dog of Arthur
Sison. Peter Banaag consulted the firm for the possibility of filing a claim
for damages against Arthur Sison.

II. Issue

Whether or not Arthur Sison being the owner of the dog is liable for
damages suffered by Mary Banaag.

III. Brief Answer

Under Articles 2176 and 2183 of the Civil Code, Arthur Sison being
the owner of the dog is liable for damages. His negligence made him
accountable for any damage that his dog will cause except for inevitable
circumstances. Also as provided by Jurisprudence, those under nine years
old must be conclusively presumed incapable of contributory negligence.
Mary is only six years old. I recommend filing this case.

IV. Statement of Facts

On September 12, 2019, Mary Banaag, a six year old daughter of Peter
Banaag, went to Arthur Sison’s house to buy ice-candy. Mary pushed the
gate after knocking several times and no one answered. Arthur’s dog
named Francer jumped out and attacked Mary. Mary was saved and
protected by Fred Puzon. Arthur only went out when he heard the
commotion. After he sent his dog into his yard, he brought Mary to a
nearby clinic for treatment and paid for the medical bill. Now, Peter
Banaag is demanding twenty thousand pesos to Arthur Sison for the
damages caused by the attack of the dog to Peter’s daughter. In Arthur’s
reply, he refused to pay and argued that he is not at fault and he even
brought Mary to the nearest clinic and paid for her medical bill.

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