Pet owner's liability when the animal causes injury to another

Accordance with Article 2183 of the New Civil Code of the Philippines which states that:

“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.”

In the case of Vestil et al. vs. Intermediate Appellate Court (G.R. No. 74431, November 6, 1989), the Supreme Court through Honorable former Associate Justice Isagani A. Cruz stated that:

“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.”

Also according to Republic Act (R.A.) No. 9482 or the Anti-Rabies Act of 2007. Section 5 of the said law states that:

Sec. 5. Responsibilities of Pet Owner. - All Pet Owners shall be required to: 

(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.

Further, Section 11 of the same law also provides the penalties, which are as follows:

Sec. 11. Penalties. -

(1) Pet Owners who fail or refuse to have their Dog registered and immunized against

Rabies shall be punished by a fine of Two thousand pesos (P2,000.00).

(2) Pet Owners who refuse to have their Dog vaccinated against Rabies shall be

liable to pay for the vaccination of both the Dog and the individuals Bitten by their

Dog.

(3) Pet Owners who refuse to have their Dog put under observation after said Dog

has Bitten an individual shall be meted a fine of Ten thousand pesos (P10,000.00).

(4) Pet Owners who refuse to have their Dog put under observation and do not

shoulder the medical expenses of the person bitten by their Dog shall be meted a fine

of Twenty-five thousand pesos (P25,000.00).

(5) Pet Owners who refuse to put leash on their Dogs when they are brought outside

the house shall be meted a fine of Five hundred pesos (P500.00) for each incident.

(6) An impounded Dog shall be released to its Owner upon payment of a fine of not

less than Five hundred pesos (P500.00) but not more than One thousand pesos

(P1,000.00).

(7) Any person found guilty of trading Dog for meat shall be fined not less than Five

thousand pesos,(P5,000.00) per Dog and subjected to imprisonment for one to four

years.

(8) Any person found guilty of using electrocution as a method of euthanasia shall

be fined not less than Five thousand pesos (P5,000.00) per act and subject to

imprisonment for one to four years.

(9) If the violation is committed by an alien, he or she shall be immediately deported

after service of sentence without any further proceedings.

Sources

1. ACOSTA P. . Pet Owners Liability When The Animal Causes Injury to Another. Manilatimes. Retrieved July 22,2020, from https://www-manilatimes-net.cdn.ampproject.org/c/s/www.manilatimes.net/2018/03/23/legal-advice/dearpao/pet-owners-liability-when-the-animal-causes-injury-to-another/388072/amp/?usqp=mq331AQIKAGwASDYAQE%3D 

2. New Civil Code of the Philippines 

3. Republic Act (R.A.) No. 9482, the Anti-Rabies Act of 2007