Lost Dog/pet When Found& Kept By Another

[Call me bubba]

Many posts have been made about a wide range of topics.

I have found this "article" that could be of use to someone,

Althou no one has had this problem yet,this could be a good reference should someone does,

Dear PAO,

My sh&tzu dog named Fluffy has been my pet since I bought him from a pet store two years ago. I did not get him papers, because I never intend to breed Fluffy.

I just wanted him as a pet. A month ago, Fluffy ran out of our gate. We looked for him in our subdivision and even the neighboring ones. We posted posters and handed out flyers in search of him, to no avail.

Two days ago, I discovered that one of my neighbors in the same subdivision had a new sh&tzu dog who looked just like Fluffy. When I confronted her, she said that the dog was not Fluffy and that it was a gift from her boyfriend.

I am sure that the dog is Fluffy and that she found him wandering around and kept him for herself. When I approached the dog, she recognized me instantly.

Do I have any right to get him back?

A neighbor told me that if I really wanted him back,

all I should do was open their gates ( A big no) and invite Fluffy to come back to me.

I was unsuccessful, because Fluffy was inside the house and I did not want to look like a robber.

Is there any other way for me to get my dog back?

I Heart Fluffy

Dear I Heart Fluffy,

It is unfortunate that you lost your dog and is now allegedly being owned by somebody else.

According to our Civil Code, animals, like dogs, may be owned and possessed by us.

The Code says that “domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor” (Art. 560).

In your case, Fluffy is a domesticated animal. However, if what you say is true that another neighbor has adopted Fluffy, he may not be returning to you, because he is not allowed to do so.

Since you are the owner of Fluffy, you have “the right to enjoy and dispose of a thing, without other limitations than those established by law” (Art. 428).

You also have the “right of action against the holder and possessor of the thing in order to recover it” (Ibid.).

You also have the right to recover it from the person in possession of Fluffy.

According to our laws, “The possession of movable property acquired in good faith is equivalent to a title.

Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same” (Art. 559).

If your neighbor is claiming Fluffy as her own,

you cannot simply force her to hand Fluffy back to you. You cannot even go to their house, open the gates, and wait for Fluffy to come out.

You cannot take the law into your own hands. Your act of opening their gates and waiting for Fluffy to come out is illegal, since you were encroaching on private property. According to our

Civil Code:

“Art. 536. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. (441a)”

But do not worry. The law gives you several remedies to recover your dog back.

First, you must seek recourse from the barangay where you and your neighbor resides. According to our Local Government Code

, “The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes,” with the exception of some circumstances.

You must approach the lupong tagapamayapa in your barangay and ask the barangay to seek their aid in resolving this conflict with your neighbor.

The barangay will hold conciliation meetings, and if an agreement is made, the problem can be easily and quickly resolved at the barangay level.

However, if there is no resolution, you may ask for a Certificate to File Action from your barangay, so you can file the appropriate case in court.

Our Revised Penal Code provides that a person can be liable for theft when such “person who, having found lost property, shall fail to deliver the same to the local authorities or its owner” (Art. 208(1)). Theft is a criminal offense and anyone committing such act may be penalized under our laws. You can also request for the aid of the court by asking for the recovery of your dog and likewise by seeking a provisional remedy of Replevin under our Rules of Court.

Replevin is a remedy when a party in an action is seeking recovery of possession of personal property.

Nonetheless, in all these remedies, you cannot get Fluffy by encroaching on the property of your neighbor or by forcing her through intimidation to return Fluffy to you. Unless she freely and willingly returns her, Fluffy remains to be in her possession. Since she is in possession of Fluffy, then she enjoys the presumption of ownership of the dog, as provided by law. Unless it has been proven otherwise, the presumption continues and she enjoys all the rights of an owner, including the right not to be disturbed in the enjoyment of the right.

http://manilatimes.net/index.php/dear-pao/29389-seek-recourse-from-the-barangay-where-you-and-your-neighbor-dwell

[Beachboy]

In the States, some owners tatoo their last name on their pet to prevent conflicts of ownership.

[i am bob]

Heck, I've even heard that some women will have their names tattooed on their husbands and boyfriends! :mocking:

Seriiously, if you have a pet and don't want to lose them, a tattoo is highly recommended!

[Jollygoodfellow]

In Australia and I think other countries as well; a pet can have a microchip embed. Not sure if they do that in the Philippines?

[i am bob]

In Australia and I think other countries as well; a pet can have a microchip embed. Not sure if they do that in the Philippines?

Hmm... By your new avatar, I take it you are speaking from experience?

:mocking:

[Beachboy]

Microchips for pets are available in the Phils according to Philippine Pet Heaven (http://philippinepethaven.com/forum/forum.php) -- I haven't checked out the forum completely, but seems to have a lot of info.

FYI (not sure what to make of this) there are rumors of forced microchiping of humans in the remote regions of the Phils (http://socioecohistory.wordpress.com/2012/04/30/microchip-666-rfid-forced-implantation-in-the-philippines/)

women will have their names tattooed on their husbands and boyfriends

Lastly, never EVER under absolutely no circumstances allow your girlfriend to tatoo her name on you (cite religious reasons if you have to) .. my friend was a fool and is now restricted to dating women named "Kelly" :hystery:

[S123]

Lastly, never EVER under absolutely no circumstances allow your girlfriend to tatoo her name on you (cite religious reasons if you have to) .. my friend was a fool and is now restricted to dating women named "Kelly" :hystery:

You don't mean to say they can not change name :lol:

Edit; Meant the girls...

Edited August 26, 2012 by S123

[shiredevon]

good grief if you lost a dog where i live it'd be polutan before the day was out, seriously....

[Brucewayne]

Microchips for pets are available in the Phils according to Philippine Pet Heaven (http://philippinepet...forum/forum.php) -- I haven't checked out the forum completely, but seems to have a lot of info.

FYI (not sure what to make of this) there are rumors of forced microchiping of humans in the remote regions of the Phils (http://socioecohisto...he-philippines/)

women will have their names tattooed on their husbands and boyfriends

Lastly, never EVER under absolutely no circumstances allow your girlfriend to tatoo her name on you (cite religious reasons if you have to) .. my friend was a fool and is now restricted to dating women named "Kelly" :hystery:

I bet he's glad her name wasn't "Bubba".

[Mike S]

Speaking of tattooing your girls name on you .... I knew a guy once who had WENDY tattooed on his what'ch-ma-call-it ...... but when standing proud it read ....

"Welcome to Jamacia mon and have a great day" ..... or so I was told ........... :hystery: :hystery: :hystery: :hystery: ........... :cheersty: