Afialda v.

Hisole
G.R. No. L-2075 November 29, 1949 Reyes, J. petitioners Margarita Afialda, plaintiff-appeallant respondents Basilio and Francisco Hisole, defendants-appellees summary Caretaker was gored by the carabao under his custody and control but owned by the Hisoles. Hisoles are not liable for damages because Article 2183 is applicable only if injured is a stranger or 3rd person. Caretaker does not fall under the term stranger. Being injured by the carabao under his custody and control is one of the risks of the job he has assumed and must bear the consequences thereof.

facts of the case

Loreto Afialda was employed as the caretaker of the carabaos of the Hisoles. While tending the carabaos, he was gored by one of them, with his injuries causing his death. His sister, Margarita, alleged that the mishap is neither his own fault nor due to force majeure.

issue
W/N the Hisoles, as the owners of the carabaos, are liable for the death of its caretaker; when the death was caused by one of its carabao. NO.

ratio
Article 2183 of the Civil Code, imputing the liability for any damage done by the animal to its possessor or user, is applicable only to cases where the injured is a stranger/ 3rd person. Loreto as caretaker does not fall under the term stranger. Article imputes the liability to the possessor or user of the animal because they have the animal under their custody or control, the one in position to prevent it from causing damage. Loreto as the caretaker of the carabaos, has the carabaos under his custody and control. It was his business to try and prevent it from causing damage to anyone, including himself. He was paid for his work and the risk of injury by the carabaos is one he had voluntarily assumed and for which he must bear the consequences.

It may come under a veritable accident of labor, under the labor laws rather than Article 2183. Action is not brought under the Workmens Compensation Act with no allegation of the spouses Hisoles business having a gross income of P20K If action is brought under Article 2176, must prove there had been fault or negligence on the part of the spouses Hisole, as owners of the carabaos there were no allegations.