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

FACTS

The plaintiff, Margarita Afialda, as the heir of the deceased Loreto Afialda, filed an action for damages against the defendants, the Hisole spouses. Loreto was employed by the defendants as a paid 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 death was due neither to his own fault nor to force majeure. 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 by the animal to its own caretaker.

RULING

No. The Supreme Court affirmed the dismissal of the complaint. Article 1905 of the Civil Code, which imposes strict liability on the possessor or user of an animal for any damages it may cause, applies only to injuries caused to strangers or third persons, not to the animal’s own caretaker. The caretaker, having custody and control of the animal as part of his paid employment, voluntarily assumed the risks of the occupation, including the risk of injury from the animal. His death was considered a veritable accident of labor. Since the action was based solely on Article 1905 and not on fault or negligence under Article 1902 (which was not alleged), and as the complaint did not invoke the Workmen’s Compensation Act, no cause of action was stated. The order of dismissal was affirmed, without costs due to the appellant’s financial situation.

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