G.R. No. L-2075; November 29, 1949
MARGARITA AFIALDA, plaintiff-appellant, vs. BASILIO HISOLE and FRANCISCO HISOLE, defendants-appellees.

FACTS

Plaintiff Margarita Afialda, the elder sister and heir of the deceased Loreto Afialda, filed an action for damages against defendants Basilio Hisole and Francisco Hisole. Loreto was employed by the defendants as a caretaker of their carabaos. On March 21, 1947, while tending the animals, Loreto was gored by one of the carabaos and died from his injuries. The complaint alleged the mishap was due neither to his own fault nor to force majeure. Before filing an answer, the defendants moved to dismiss the complaint for lack of cause of action, which the lower court granted.

ISSUE

Whether the owner of an animal is liable under Article 1905 of the Civil Code for damages caused to its paid caretaker.

RULING

No. The Supreme Court affirmed the dismissal of the complaint. Article 1905 of the Civil Code, which imposes liability on the possessor or user of an animal for any damages it may cause, does not apply when the injured party is the caretaker of the animal. The rationale is that the caretaker has custody and control of the animal, and it is his business to prevent it from causing injury, including to himself. Being injured under such circumstances is a risk of the occupation voluntarily assumed by the caretaker. The Court distinguished cited authorities, noting they involved injuries to strangers, not caretakers. The action could not be based on Article 1902 (on fault or negligence) either, as the complaint contained no allegation of fault or negligence on the part of the defendants. The order of dismissal was affirmed, with no costs awarded due to appellant’s financial situation.

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