Torts & Damages

JUNE 19, 2021

RECITATION
Final Cases for Digest
• 1. Michael Guy vs. Raffy Tulfo et al. G.R.No. 213023, April 10, 2019.
• 2. Philippine Journalists Inc Et al vs. Francis Theonen. G.R. No.
143372, December 13, 2005
• 3. Vivian Torreon et al vs. Generosa Apalla, Jr et al. G.R. No. 188493.
December 13, 2017.
• 4. Rhonda Ave Vibares et al vs. St. Theresa’s College et al. G.R.No.
202666, September 29, 2014
• 5. Ma. Christina Pobre-Holgado vs. Atty. Carmina Agnes P. Pader-
Villanueva, A.C. No. 11604, June 7, 2017
Legal Opinion
Dear Attorney,

I am Shiena Mostar, 25 years old. I am a public school teacher in Palsong, Bula, Camarines Sur. My co-teacher
referred you as a good and amiable lawyer. I need someone to give me professional advice.

One afternoon, I was on my way home to Iriga City from the Palsong National High School traversing the Sto.
Domingo, Nabua, Camarines Sur when a dog suddenly came out of nowhere ahead the road I am approaching
which caused me to bump the dog and skid the motorcycle. The abrupt application of brakes brought me
stumbling forward away from my motorcycle and I fell on the open culvert by the side of the road. I think I lost
consciousness for a while but then a seering pain on my hips and shoulder seemingly jolted me awake. A few
minutes passed when some teenagers helped me out of the culvert and onto the side of the road. I could not
stand so I sat resting my back on a tree. I could see my motorcycle about 5 yards away and the dog lying on the
other side of the road, lying down and whimpering. Several minutes have passed when a police mobile
arrived. Despite the pain I am feeling, I managed to answer the police officer’s interrogation. Much later, an
ambulance arrived and took me to the hospital. It was either they drugged me or I fainted but that was the last
I recalled until I woke up in a hospital bed, two days later. I was told that I have a fractured hip bone and
collarbone all on the right. As such, I have difficulty shifting positions much less stand or use my lefr arm
without a spirit-shattering pain. A metal plate was placed on my hip to patch it.
I stayed in the hospital for 2 weeks which cost me more or less 250,000 in hospital bills.
That does not include the physical therapy I am currently undergoing 2 hours three times a
week at 1,000 per session. I still cannot move on my own that I enlisted the help of our
neighbor to help me move especially when going to and out of the bathroom, lyimg down
or setting me in the wheelchair. I bought the wheelchair too at P6,000. I pay my carer 4,000
per month. I am single and I live with mY elderly parents who relied on me and youbger
brother for support. My physical incapacity made me miss work for 2 months already and
any signs of being able to rise and be on my feet soon is bleak. While I still receive my
salary at P25,000 per month, this is being deducted from my accrued leave and service
credits.

The owner of the dog, I learned was a certain Sps. Julio and Dolly Valiente. The dog,
allegedly with a breed, died by the way. This Spouses Valiebte visited me in the hospital
only because at the instance of the police. Theyisaid they were sorry for me but claimed
that they owe no responsibility to my misfortune because they too suffered a loss of their
dog which they claimed was very valuable having been imported from the United States by
their US Navy son. Also, they deny any knowledge that their dog got out of their gate.
Maybe the dog was chasing a cat or anything bu they have nothing to do with it. Perhaps
out of pity, they handed me 2,000.00.
My question now Attorney is that does the owner of the dog has no liability?
Then who will give me justice to my suffering? I have endured a lot and I feel
that this is not right. No one must allow their dogs astray on the road that
may cause accidents and injury to unsuspecting passers-by like me. I was
driving then at a normal speed as I have been pretty cautious with my driving
since I acquired that motorcycle 5 years ago. I never once got into accident
or a speeding ticket. My motorcycle by the way required repairs which would
cost me about 15,000 from the estimate of the mecahnic. I have not gotten
to that because I have to prioritize my expenses.

Certaiy attorney, somebody must pay for this. The Sps Valiente, the first time
that I sent my carer to ask for financial assistmce refused to talk with her bit
sent her off with a message that what happened to me was an accident and
they have nothing to do with it. They said that I should be thankful even for
not pressing charges for the death of their dog. They said that we shaould
call it quits. This angered me which prompted me to go the barangay in .y
wheelchair and all its discomforts. At the barangay, they refused to face me.
The barangay people seemingly are also discouraging me saying that it is all
for naught. No one is to blame on my “accident”.
Thus I come to you attorney because I feel that I have been wronged. Am I right or am I not right in
the head anymore. With all the pain relievers and medicines that I am taking, I feel like I am going
insane. I keep thnking about what would becomeof me. What if I never got out of my wheelchair or
becomes invalid and cannot return to teaching again. How would I support my self and my parents
now. What if I run out of leave credits? What if nobody would want to marry me anymore. I surr
want to raise a family but with my condition, will that even be possible?

Can I file a criminal case or civil case against the owner of the dog? I really believ that they are liable
to me. But so far, all I talked with says that it was an unfateful accident. Please tell me that I can
attorney. And if so, can I recover all the expenses I sustaines because of the accident? I am so
troubled now attoryney. Please help me. Tell what to do and how to do it.

I am sorry for venting on you. I look forward to your response. Maybe you can also include there a
billing for your trouble. Thank you.

Yours truly,

Shiena Mostar