Bernal Law Firm

Aurora Blvd, Pasay City

February 1, 2017

DEMAND LETTER

Mr. Arthur Sison

12 Annapolis Street, Cubao, Quezon City

Dear Mr. Sison,

The undersigned has been retained to represent Mary Banag, a six year old, and his
father, Mr. Peter Banag in connection with the serious injuries the former sustained from a dog
attack at 12 Annapolis Street, Cubao, Quezon City on September 12.

This letter and the associated attachments shall serve as my clients’ demand for moral
damages.

Based on the testimony of your neighbor, Fred Puzon, who has witnessed the unfortunate
event, Mary Banag went to your house at 12 Annapolis Street, Cubao, Quezon City on
September 12, Saturday, at about 3:00 p.m. to buy ice-candies. Mary approached your gate and
knocked on it but no one answered. As Mary tested the gate by pushing it, the gate yielded and
the dog jumped out and came out of the yard. The dog went after her and attacked her from
behind as she turned and ran to leave. The dog bit Mary’s leg and even her arms as she fell to the
ground.

Attached herewith is the copy Fred Puzon’s testimony.

You stated in your response to my client’s personal demand letter that you have been
engaged in business of selling ice-candies at your house since March of last year and that people
came to buy at your gate. As I see it, you are also aware that your dog, Prancer was never
friendly to other people, even though he had not attacked anyone prior to the incident. That is
why you have kept it inside your premises within your gate, with automatic closer and a written
warning about the presence of that dog.

However, that Saturday afternoon, September 12, you intentionally left your gate
unlocked, and failed to foresee that a little girl, like Mary would come to your house to buy ice-
candies and your dog may come out of the gate to attack her. Such negligence shows that
liability in this case is clear and the facts are likely to infuriate a jury. I am well aware of the
Philippines’ strict liability laws for dog attacks, such as the following:

RA9482 THE ANTI RABIES ACT and Responsibilities of a Pet Owner

Sec. 5. Responsibilities of Pet Owner
 (f) Assist the Dog bite victim immediately and shoulder the medical expenses
incurred and other incidental expenses relative to the victim’s injuries.

CIVIL CODE, Art. 2183

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.

It has also come to my knowledge that you have brought Mary to a nearby clinic for
treatment and injection, and paid the medical bill. However, the incident left more than just a
medical bill. Mary has been left with permanent scars on her leg and arms that will never go
away and will be an ever-present reminder of the attack.

The incident has psychological effects as well. First, Mary is unfortunately old enough to
remember the attack. She will forever associate her injuries with the attack at issue and will
endure reliving the traumatic experience. Moreover, Mary would be placed in the position of
having to confront his newfound fear of dogs which may persist for years.

Because of the aforementioned motivations, Mr. Peter Banag has demanded you to pay
the amount of twenty thousand pesos (PhP 20,000.00) for moral damages arising from the
physical injuries suffered by his daughter, Mary. But despite his demand, you failed and refused
to pay the same.

In view thereof, final and formal demand is hereby made upon you to pay the same
within thirty (30) days from receipt hereof, otherwise my clients will be constrained to file the
necessary charges against you to enforce and protect their rights.

We look forward to hearing from you.

Sincerely,

LOVELY MAY C BERNAL

Attorney-at-Law