Leg Writ 2

Ceazar Leo A.
Bartolome
Legal Writing / Sunday 10 AM
Interview with Mr. Fred Puzon, accompanied by client , Mr. Peter Banag. Sept 21
1. (1)
Q. Fred, how old are you?
A. I am twenty-one, Attorney.
2. (2)
Q. What do you do for a living?
A. I work with the government.
3. (3)
Q. Where do you live?
A. i live at 24 Annapolis St., Cubao, QuezonCity.
4. (16)
Q. When did the incident involving Mary happen?
A. It happened on September 12 at about 3 p.m.
5. (17)
Q. What were you doing at the time?
A. I was on Annapolis Street for my friend Henry Uy to come and pick me up so
we could go to the mall.
6. (18)
Q. Do you remember the day of the week it was?
A. It was a Saturday afternoon.
7. (19)
Q. What did you see Mary doing from where you stood?
A. I saw Mary approach Arthur’s gate and knock on it. But no one answered.
8. (14)
Q. Do you know why Mary was near Arthur’s house?
A. She went there to buy ice-candies. Arthur had been selling ice-candies at his
house for sometime.
9. (15)
Q. How did you know that?
A. I myself used to buy ice-candies from him especially during summer.
10. (20)
Q. So what did she do?
A. Still she kept on knocking softly at the gate.
11. (23)
Q. What did Mary do?
A. She held the gate open and called in saying that she wanted to buy ice-candy.
“Pagbilhan nga po ng ice-candy,” she said.
12. (21)
Q. What happened next?
A. A young girl of her age passed by and Mary waived at her.
13. (22)
Q. So what happened next?
A. Arthur’s dog came out to the yard. As Mary tested the gate by pushing it, the
gate yielded and the dog jumped out.
14. (24)
Q. So what happened next?
A. That was the time I saw the dog go after her. it attacked her from behind as
she turned and ran to leave.
Ceazar Leo A. Bartolome
15. (25)
Q. What was your reaction to what you saw?
A. I was shocked for a moment.
16. (4)
Q. Did you see the dog attack Mr. Banag’s daughter?
A. Yes, sir. I saw it bite Mary’s leg and even her arms as she fell to the ground.
17. (6)
Q. What did you do when you saw the dog attack Mary?
A. I immediately ran to help her but, unfortunately, I tripped on the gutter and fell
on my knees.
18. (7)
Q. So what happened?
A. I recovered quickly, moved on, and kicked the dog away. I then stood by to
protect Mary from further attacks.
19. (8)
Q. What happened to the dog?
A. The dog kept on barking and looked as if it would attack us.
20. (9)
Q. Did it attack you?
A. No because Arthur came out of his house and sent his dog into his yard.
21. (10)
Q. How about Mary, what happened to her?
A. Arthur picked her up, called a tricycle, and brought her to a nearby clinic for
treatment.
22. (11)
Q. And you, what did you do?
A. My friend then arrived and we left for the mall.
23. ( 5)
Q. Do you know who owned the dog?
A. Yes, sir, the dog belonged to Arthur Sison.
24. (13)
Q. How did you get to know Arthur?
A. We are neighbors. He lives at 12 Annapolis Street, the same street where I
lived.
25. (12)
Q. Did you know hold old Mary was at that time?
A. I found out that he was about six years old.
Summary of Facts
Fred Puzon, 21 years old, lives at 24 Ananapolis St., Cubao, Quezon City. He recalls
the incident involving Mary happened on Sept 12, Saturday, around 3 in the afternoon
while he was waiting for his friend in going to the mall. On that day, he saw Mary
knocking at Arthur’s gate saying “pagbilhan nga po ng ice-candy” but no one answered.
When Mary decided to open the gate, the dog jumped out.
He was shocked when he saw Mary running, the dog attacked her from behind. Mary
sustained bites in the legs and arms as she fell down.
He immediately ran to help but he stumbled on the ground. Nevertheless, he recovered

quickly and was able to help by kicking the dog away. The dog kept barking as if they’d
attack them when Arthur came out from his house and sent the dog back into his yard.
Arthur picked up Mary, called a tricycle, and brought her to the nearest clinic for
treatment. By then, Fred already left to the mall with his friend.
On the other hand, in the letter sent by Arthur in response to Mr. Peter Banag’s demand
to pay P20,000 for the injuries incurred by the latter’s daughter, the former informed that
he cannot pay and that he was not at fault. To Arthur’s defense, the gate had an
automatic closer and a warning posted in the gate regarding the presence of the dog.
When he learned about the incident, he immediately went out of the house to help and
brought Mary to a medical clinic. Moreover, he paid for the medical bills.
The issue is whether or not Arthur is liable to pay for the damages aside from
paying for the medical expenses incurred for the treatment.
Here are the laws that governs the case at bar.
Article 2176 of the Civil Code
Whoever by act or omission causes damage to another, there being fault or

negligence, is obliged to pay for the damage done. Such fault or negligence, if there is
no pre-existing contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
Article 2183 of the Civil Code
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 damages should come from force majeure
from the fault of the person who has suffered damage.
Republic Act No. 9482 “Anti-Rabies Act of 2007”
Section 5 provides the responsibility of the pet owner:
(a) Have their Dog regularly vaccinated against Rabies and maintain a
registration card which shall contain all vaccinations conducted on their Dog, for
accurate record purposes.
(b) Submit their Dogs for mandatory registration.
(c) Maintain control over their Dog and not allow it to roam the streets or
any Public Place without a leash.
(d) Be a responsible Owner by providing their Dog with proper grooming,
adequate food and clean shelter.
(e) Within twenty-four (24) hours, report immediately any Dog biting
incident to the Concerned Officials for investigation or for any appropriate action
and place such Dog under observation by a government or private veterinarian.
(f) Assist the Dog bite victim immediately and shoulder the medical
expenses incurred and other incidental expenses relative to the victim’s injuries.
Sample cases related to the subject matter
Vestil v. Intermediate Appellate Court (G.R. No. 74431, 179 SCRA 47)
According to Manresa, the obligation imposed by Article 2183 of the Civil Code is not
based 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
social interest that he who possesses animals for his utility, pleasure or service must
answer for the damage which such animal may cause.
The Supreme Court’s ruling in Jarco Marketing Corporation v. Court of Appeals (G.R.
No. 129792, 321 SCRA 375) that “a child under nine years of age must be conclusively
presumed incapable of contributory negligence as a matter of law” covers Mary, hence
throwing the notion of contributory negligence on her part out the window. As for the
second scenario, the ruling in Umali v. Bacani (G.R. No. L-40570, 69 SCRA 263)
provides that parental negligence in allowing a young child to go out of the house alone
may at most qualify as contributory negligence and as such would be covered by the
second sentence of Article 2179.

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Ceazar Leo A.

Q. Fred, how old are you?

He immediately ran to help but he stumbled on the ground. Nevertheless, he recovered

Here are the laws that governs the case at bar.

Article 2176 of the Civil Code

Whoever by act or omission causes damage to another, there being fault or

Article 2183 of the Civil Code

The possessor of an animal or whoever may make use of the same is

Republic Act No. 9482 “Anti-Rabies Act of 2007”

Section 5 provides the responsibility of the pet owner:

Sample cases related to the subject matter

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