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Hernandez, Chad Jorel V.

1C
Facts in Sequence:

Mary Banag is six years old and a resident of 12 Annapolis Street, Cubao,
Quezon City
The incident happened on September 12 at about 3 p.m near Arthurs house.
She approached Arthurs gate and knock on it. As she tested the gate by
pushing it, the dog jumped out.
She held the gate open and called in saying that she wanted to buy ice-candy
then the dog went after her. It attacked her from behind as she turned and
ran to leave.
The dog bit Marys leg and even her arms as she fell to the ground.
The witness, Fred Puzon, immediately ran to help Mary and kicked the dog
away to protect her from further attacks.
The owner of the dog, Arthur Sison, picked her up, called a tricycle, and
brought her to nearby clinic for treatment.

Narrative Format:
Mary Banag is six years old and a resident of 12 Annapolis Street, Cubao,
Quezon City. The incident happened on September 12 at about 3 p.m. near Arthurs
house She approached Arthurs gate and knock on it. As she tested the gate by
pushing it, the dog jumped out.
She held the gate open and called in saying that she wanted to buy ice-candy
then the dog went after her. It attacked her from behind as she turned and ran to
leave. The dog bit Marys leg and even her arms as she fell to the ground. The
witness, Fred Puzon, immediately ran to help Mary and kicked the dog away to
protect her from further attacks. The owner of the dog, Arthur Sison, picked her up,
called a tricycle, and brought her to nearby clinic for treatment.
Legal Dispute:
a) The complainants claim that respondent should pay his daughter for the
damages caused by his dog.
b) The respondents denial of claim that he is liable to the complainants
daughter for damages.
Principal Issue:
Whether or not the respondent should pay for the damages caused by his dog to
the complainants daughter
Summary Of The Facts From The Point Of View Of:
Peter:
My daughter, Mary Banag, six years of age, decided to go to Arthurs house
to buy ice candy during afternoon of September 12 at about 3 p.m. As she knocked
on it and tried to open the gate, the dog attacked her from behind as she turned
and ran to leave. The dog bit Marys leg and even her arms as she fell to the
ground. The witness, Fred Puzon, immediately ran to help Mary and kicked the dog
away to protect her from further attacks. The owner of the dog, Arthur Sison, picked
her up, called a tricycle, and brought her to nearby clinic for treatment.
Arthur:
I was awakened from my nap when I heard a commotion outside. I heard someone
shouting that my dog attacked a child. I got up and ran out. As I did, I saw Fred
trying to stop my dog from attacking Mary. I immediately stepped out into the street
as soon as I can and sent my dog inside. I called a tricycle and brought Mary to a
medical clinic nearby for treatment of her wounds and for an injection. I paid the
medical bill.
Relevant and Applicable Laws:

In this case, the complainant may file a civil action for the damages. As provided for
under Article 2176 of the New Civil Code of the Philippines, Whoever by act or
omission causes damage to another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict and is governed by
the provisions of this Chapter.
For this particular circumstance that a dog caused an injury or damage, the Article
2183 of the New Civil Code of the Philippines, states that, The possessor of an
animal or whoever may make use of the same is responsible for the damage which
it may cause, although it may escape or be lost. This responsibility shall cease only
in case the damage should come from force majeure or from the fault of the person
who has suffered damage.

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