Name: ______________________________________

Far Eastern University A.Y. 2019-2020, 2nd semester

Obligations and Contracts
Section ___

Case Study 1:
Case Title: Arturo Pelayo, plaintiff-appellant, vs. Marcelo Lauron et al., defendants-
appellees. G. R. No. L-4089, 12 January 1909

Facts:
Pelayo, herein petitioner, was a doctor who filed a complaint on November 1906, stating
that herein defendant Marcelo Lauron and Juana Abella requested medical assistance from him
for their daughter-in-law who was about to give birth. By consultation, it was agreed upon to
remove the fetus as well as the afterbirth through operation. He estimated his services cost
around P500 which the defendants refuse to pay.

Defendants on the other hand denied everything and alleged as a special defense that
the daughter’s -in-law died because of the childbirth, that said daughter-in-law was living apart
from them together with her husband, and that her stay in their house on the day of childbirth
was merely accidental.

The lower court held for the defendants on account of lack of sufficient evidence to
establish a right of action. Hence, this case before the SC.

Issue:
Who is bound to pay for Pelayo’s bill?

Held:
The Court laid down the sequence of its reasoning. First, the court cited the general law
on obligations under Article 1158 stating that “Obligations arising from law are not presumed.
Only those expressly determined in this Code or in special laws are demandable.

By the express provision of law, the rendering of medical assistance, in case of illness is
one of the mutual obligations of the spouses who are bound by way of mutual support. In this
case therefore, if the dead daughter-in-law could not pay for her childbirth expenses, then the
burden will fall on the husband. The party bound to furnish support is therefore liable for all
expenses, including the fees of the medical expert for his professional services.

It is only the husband, and not his parents who are bound to give support. The fact that
it wasn’t the husband who asked for help from Mr. Pelayo is of no moment. Since there was no
contract agreed upon that the defendants will pay for the expenses, then they were not liable.
Within the meaning of the law, the father and mother-in-law are strangers with respect to the
obligation that falls upon the husband to give support.