THE CASE OF THE CHILD AND THE NEIGHBOR’S DOG

Peter Banaag, the father of a child who was attacked by a neighbor’s dog has come to consult you about
the possibility of his bringing a lawsuit against Arthur Siso, a neighbor. Peter brought along Fred Puzon
to the interview. Fred witnessed what happened.

According to your interview with Fred, the following facts were gathered:

He is 21 years old and working with the government. He lives at 24 Annapolis St., Cubao, Quezon City.
He saw the dog bite Mary’s leg and even her arms as she fell to the ground. The dog belonged to Arthur
Sison. He immediately ran to help her but unfortunately he tripped on the gutter and fell on his hands
and knees. He recovered and quickly kicked the dog away then stood by to protect Mary from further
attacks. The dog kept on barking and looked as if it would attack them. But the dog was not able to
attack because Arthur came out of his house and sent his dog into his yard. As for Mary, Arthur picked
her up, called a tricycle, and brought her to a nearby clinic for treatment. Fred for his part left for the
mall as his friend had arrived.

According to Fred, Mary was about six years old. Fred knew Arthur as they were neighbors as he lives at
12 Annapolis St. the same street where Fred lived. Mary was near Arthur’s house because she went
there to buy ice candies which Arthur had been selling for some time. He knew it because he used to
buy ice candies from him especially during summer. The incident happened on September 12 at about 3
p.m. Fred was waiting at Annapolis St. for his friend Henry Uy to come and pick him up so they could go
to the mall. It was a Saturday afternoon. From where he stood, he saw Mary approached Arthur’s gate
and knock on it, but no one answered. She kept on knocking softly at the gate. A young girl of her age
passed by and Mary waived at her. Arthur’s dog then came out to the yard as Mary tested the gate by
pushing it, the gate yielded and the dog jumped out. Mary held the gate open and called in saying she
wanted to buy ice candy. That was the time Fred saw the dog go after her from behind as she turned
and ran to leave. Fred was shocked for a moment.

You asked Peter why he came to consult you he said that he asked Arthur to pay her daughter
P20,000.00 in damages for what she suffered but all he got was a letter from him.

This is the letter:

Mr. Peter Banaag

16 Annapolis St.
Cubao, Quezon City

Dear Mr. Banaag:

I regret that I could not grant your demand to pay you P20,000.00 for the injuries that your daughter
suffered on September 12 when she came to my house at 12 Annapolis St., Cubao, Quezon City. I was
not at fault.

I was napping in my house on the afternoon your daughter came to our gate. I was awakened when I
heard some commotion outside. I thought for a while that people were quarelling. But I heard
someone shouting that my dog had attacked a child. I immediately got up and ran out. As I did, I saw
Fred Puzon, our neighbor, trying to stop my dog Francer from attacking your daughter, Mary, who lay
on the ground just outside the gate. Other neighbors had started to come out to see what was
happening.

To augment the income of my family, I engaged in the business of selling ice-candies at my house
beginning March of last year. My sale had been brisk especially during the summer days. I always sold
my ice-candies at the gate when people come to buy. That gate had an automatic closer. But at times, I
left it unlocked from the inside because my children often went in and out. I had a dog in my house
Francer, but my gate carried a written warning about the presence of that dog. Until that afternoon of
September 12 Francer had not attacked any one.

I immediately stepped out into the street as soon as I can and sent Francer inside. I was really surprised
that you had allowed your daughter to leave the house without an escort. I myself took care that my
young children did not go out alone.

At any rate, I called a tricycle and brought Mary to a medical clinic nearby for treatment of her wounds
and for an injection. Later, her mother followed us to the clinic and she comforted her daughter. I paid
the medical bill.

I am sorry but I do not believe that I should be liable to your daughter for damages.

Very truly yours,

Arthur Sison

INSTRUCTIONS:

1. Make a short summary of relevant facts of the case from your client’s point of view as well as from
that of Arthur. (30%)
2. State the issue/s in the case based on the three elements (rule of law+legal question+key facts).
(30%)
3. Prepare possible arguments for or against your client. Just make brief arguments in outline form.
(40%)

Use yellow pad. Please make your writing legible.