Vestil vs.

IAC
Facts: On July 29, 1915, Theness was bitten by a dog while she was playing with a child of the
petitioners in the house of the late Vicente Miranda, the father of Purita Vestil. She was rushed
to the hospital but although she was discharged after nine days, she was readmitted one week
later. She died of bronchopneumonia. Uys sued vestals for damages.
Issues: Is Vestil responsible for the dog bite.
Ruling:
Yes. Art. 2183. 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.
Vestil is not really the owner of the house, which was still part of Vicente Miranda'sestate. She
and her husband were its possessors at the time of the incident in question. There is evidence
showing that she and her family regularly went to the house, once or twice weekly and used it
virtually as a second house. Interestingly, her own daughter was playing in the house with
Theness when she was bitten by the dog. The dog remained in the house even after the death
of Vicente Miranda in 1973and until 1975, when the incident in question occurred. Also, the
vestils offered toassist the Uys with their hospitalization expenses although Purita said she
knew them only casually. The contention that broncho pneumonia is not related to the dog bite
is belied by the statement of the doctors that it is a complication which may arise from
rabies. Theness showed signs of hydrophobia, a symptom of rabies.
Lastly, the court ruled that for 2183 applies not only to wild and vicious animals butalso
tameAccording to Manresa the obligation imposed by Article 2183 of the Civil Code is notbased
on the negligence or on the presumed lack of vigilance of the possessor or user of the animal
causing the damage. It is based on natural equity and on the principle of socialinterest that he
who possesses animals for his utility, pleasure or service must answer forthe damage which
such animal may cause.