FACTS: On July 29, 1915, Theness was bitten by a dog while she was playing with a

child of the petitioners in the house of the late Vicente Miranda, the father of Purita
Vestil, at F. Ramos Street in Cebu City. She was rushed to the Cebu General Hospital,
where she was treated for "multiple lacerated wounds on the forehead" and
administered an anti-rabies vaccine by Dr. Antonio Tautjo. She was discharged after
nine days but was readmitted one week later due to "vomiting of saliva." The
following day, on August 15, 1975, the child died. The cause of death was certified as
broncho-pneumonia.

Seven months later, the Uys sued for damages, alleging that the Vestils were liable to
them as the possessors of "Andoy," the dog that bit and eventually killed their
daughter. The Vestils rejected the charge, insisting that the dog belonged to the
deceased Vicente Miranda, that it was a tame animal, and that in any case no one
had witnessed it bite Theness. After trial, Judge Jose R. Ramolete of the Court of First
Instance of Cebu sustained the defendants and dismissed the complaint.

ISSUE: Whether or not vestil is the owner of the house and the dog thereby making
her liable for damages.

HELD: The cause of Theness’ death was the dog bite. She developed hydrophobia, a
symptom of rabies, and had died due to broncho-pneumonia, a complication of
rabies.

The Vestils are the possessors of the property and Purita is the only heir residing in
Cebu City. They use it as a second home and visited weekly - renting it out to the
boarders, paying for utilities and hiring the maid who cleaned and cooked for the
house occupants. An occupant of the household (Marcial Lao) testified that they
maintain the house for business purposes and that he is one of the boarder of said
property.

Liability is due to the possession of the dog, regardless of the ownership of the dog
or property. Under Article 2183, regardless if the animal was tame or vicious or if it
had been lost and removed from the control of the Vestils, liability still attach
because one who possesses an animal for utility, pleasure or service must answer
for the damage which the animal may had caused.

The Vestils are liable for damages for Theness’ death as possessor of Andoy, the dog.
Theness is just 3 years old and could not be faulted for any of actions of alleged
provocations. Notably, the Vestils had offered to assist in the hospitalization
expense, even if they declared the Uys to merely be their casual acquaintances only.