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    Afialda v. Hisole (Digest)

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    Omar Froilan Bautista Villanos
    Loreto Afialda was hired as a caretaker of carabaos owned by the Hisole spouses and received compensation for this work. While tending to the carabaos, Loreto was gored by one and died from his injuries. Loreto's sister sued the Hisole spouses as Loreto's dependent and heir. The court found that the Hisole spouses were not liable for Loreto's death because the animal that caused his death was in Loreto's custody as the paid caretaker, and being injured by an animal was an assumed risk of the occupation.

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    Afialda v. Hisole (Digest)

    Uploaded by

    Omar Froilan Bautista Villanos
    249 views1 page
    Loreto Afialda was hired as a caretaker of carabaos owned by the Hisole spouses and received compensation for this work. While tending to the carabaos, Loreto was gored by one and died from his injuries. Loreto's sister sued the Hisole spouses as Loreto's dependent and heir. The court found that the Hisole spouses were not liable for Loreto's death because the animal that caused his death was in Loreto's custody as the paid caretaker, and being injured by an animal was an assumed risk of the occupation.

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    Loreto Afialda was hired as a caretaker of carabaos owned by the Hisole spouses and received compensation for this work. While tending to the carabaos, Loreto was gored by one and died from his injuries. Loreto's sister sued the Hisole spouses as Loreto's dependent and heir. The court found that the Hisole spouses were not liable for Loreto's death because the animal that caused his death was in Loreto's custody as the paid caretaker, and being injured by an animal was an assumed risk of the occupation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    249 views1 page

    Afialda v. Hisole (Digest)

    Uploaded by

    Omar Froilan Bautista Villanos
    Loreto Afialda was hired as a caretaker of carabaos owned by the Hisole spouses and received compensation for this work. While tending to the carabaos, Loreto was gored by one and died from his injuries. Loreto's sister sued the Hisole spouses as Loreto's dependent and heir. The court found that the Hisole spouses were not liable for Loreto's death because the animal that caused his death was in Loreto's custody as the paid caretaker, and being injured by an animal was an assumed risk of the occupation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Afialda v.

    Hisole
    No. L–2075 November 29, 1949
    85 Phil. 67

    FACTS:
    Spouses Hisole hired Loreto Afialda as caretaker of the former’s carabaos at
    a fixed compensation. While Loreto was tending the carabaos, he was gored by
    one of them and died as a result. Loreto’s elder sister, Margarita Afialda, now sues
    spouses Hisole as Loreto’s dependant and heir.

    ISSUE: Whether or not the spouses Hisole are liable for the death of their
    caretaker, Loreto Afialda.

    HELD:
    No, they are not liable. The animal was in the custody and under the control
    of the caretaker, who was paid for his work as such. Obviously, it was the
    caretaker’s business to try to prevent the animal from causing injury or damage to
    anyone, including himself. And being injured by the animal under those
    circumstances was one of the risks of the occupation which he had voluntarily
    assumed and for which he must take the consequences.

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