OBLIGATION AND CONTRACTS: ESSENTIAL NOTES

PELAYO VS. LAURON

FACTS OF THE CASE

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.

ISSUES INVOLVED

Who is bound to pay for Pelayo’s bill?

THE RULLING OF THE COURT AND THE LAW IN WHICH THE RULLING/DECISION
IS BASED

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.