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    Vestil V IAC

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    Sapere Aude
    The Vestils are liable for damages caused by their dog biting and killing their neighbor's three-year-old daughter, Theness. While playing at the Vestil's property, Theness was bitten by their dog Andoy, which led to her developing rabies and later dying of complications. As the possessors of the property and the dog, the Vestils are responsible for damages caused by the dog under Article 2183 of the Civil Code, regardless of whether the dog was tame or provoked. The Court of Appeals and Supreme Court both ruled in favor of the parents, holding the Vestils liable for Theness's death.

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    Vestil V IAC

    Uploaded by

    Sapere Aude
    47 views2 pages
    The Vestils are liable for damages caused by their dog biting and killing their neighbor's three-year-old daughter, Theness. While playing at the Vestil's property, Theness was bitten by their dog Andoy, which led to her developing rabies and later dying of complications. As the possessors of the property and the dog, the Vestils are responsible for damages caused by the dog under Article 2183 of the Civil Code, regardless of whether the dog was tame or provoked. The Court of Appeals and Supreme Court both ruled in favor of the parents, holding the Vestils liable for Theness's death.

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    Vestil v IAC

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    The Vestils are liable for damages caused by their dog biting and killing their neighbor's three-year-old daughter, Theness. While playing at the Vestil's property, Theness was bitten by their dog Andoy, which led to her developing rabies and later dying of complications. As the possessors of the property and the dog, the Vestils are responsible for damages caused by the dog under Article 2183 of the Civil Code, regardless of whether the dog was tame or provoked. The Court of Appeals and Supreme Court both ruled in favor of the parents, holding the Vestils liable for Theness's death.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    47 views2 pages

    Vestil V IAC

    Uploaded by

    Sapere Aude
    The Vestils are liable for damages caused by their dog biting and killing their neighbor's three-year-old daughter, Theness. While playing at the Vestil's property, Theness was bitten by their dog Andoy, which led to her developing rabies and later dying of complications. As the possessors of the property and the dog, the Vestils are responsible for damages caused by the dog under Article 2183 of the Civil Code, regardless of whether the dog was tame or provoked. The Court of Appeals and Supreme Court both ruled in favor of the parents, holding the Vestils liable for Theness's death.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Vestil v.

    IAC
    G.R. No. 74431 Date: November 06, 1989

    petitioners Purita and Agustin Vestil, petitioners


    respondents IAC, David and Teresita Uy, respondents

    summary
    (dog bite) Theness died due to being bitten by the Vestil’s dog. The Vestil are liable for
    damages as possessors of the dog under Article 2183.

    facts of the case


    Theness (3 years old) was bitten by the Vestil’s dog at the house of Vicente Miranda,
    Purita Vestil’s late father while playing with Purita’s daughter. She was treated for
    multiple lacerated wounds on the forehead and was administered with an anti-rabies
    vaccine. She was later re-admitted due to vomiting of saliva. She died due to broncho-
    pneumonia. Her parents, the Uys, sued the Vestils for damages, holding them liable as
    possessors of the dog, Andoy.

    Trial Court: Dismissed the complaint.


    Court of Appeal: Theness had died due to the dog bites. Under Article 2183 of the
    Civil Code., the Vestils are liable for damages as possessor of the property and the dog.
    Defense: The dog was tame and had merely been provoked, although no one had seen
    it bite Theness. Additionally, she had died of broncho-pneumonia, which had no
    correlation to dog bites.
    Anyway, she (Purita) could not be held liable because the dog does not belong to her but
    to Vicente Miranda, her father. She is not the sole owner of the unpartitioned property,
    there are other heirs. There are also other occupants of the house that maintain
    themselves out of a common fund, they do not pay rent because of their relation to her
    father but do occupy the property.

    Issue/s
    Whether or not the Vestils liable for damages. Yes.

    Ratio
    The cause of Theness’ death was the dog bites. She developed hydrophobia, a symptom
    of rabies, and had died due to broncho-pneumonia, a complication of rabies.

    The Vestils are the possessors of the property and Purita is the only heir residing in
    Cebu City. They use it as a second home and visited weekly - renting it out to the
    boarders, paying for utilities and hiring the maid who cleaned and cooked for the house
    occupants. An occupant of the household (Marcial Lao) testified that they maintain the
    house for business purposes and that he is one of the boarder of said property.

    Liability is due to the possession of the dog, regardless of the ownership of the dog or
    property. Under Article 2183, regardless if the animal was tame or vicious or if it had
    been lost and removed from the control of the Vestils, liability still attach because one
    who possesses an animal for utility, pleasure or service must answer for the damage
    which the animal may had caused.
    Article 2183: The possessor of an animal… is responsible for the damage it may
    cause… The responsibility shall cease only in case the damage should come from
    force majeure or from the fault of the person who suffered damage.

    The Vestils are liable for damages for Theness’ death as possessor of Andoy, the dog.
    Theness is just 3 years old and could not be faulted for any of actions of alleged
    provocations. Notably, the Vestils had offered to assist in the hospitalization expense,
    even if they declared the Uys to merely be their casual acquaintances only.

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