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case digests - Pelayo vs. Lauron
Pelayo vs.
Lauron
12 Phil. 453
FACTS
On November 23, 1906 , a physician named Arturo Pelayo filed a complaint against Marelo
Lauron and Juana Abellana. On the night of October 13th of the same year, the plaintiff
was called to render medical assistance to the defendant’s daughter-in-law, who
was about to gie birth. After the consultation of Dr. Escaño, it was deemed
that the operation was going to be difficult for child birth, but regardless,
Dr. Pelayo proceeded with the job of operating on the subject and also removed
the afterbirth. The operation went on until morning, and on the same day, visited
several times and billed the defendants the just amount of P500 for the
services rendered to which defendants refused to pay. In answer to the
complaint, counsel for the defendants denied all of the allegation and alleged
as a special defense, that their daughter-in-law had died in
consequence of the said childbirth,
that when she was alive she lived with her husband independently and in a separate
house without any relation whatever with them, and that, if on the day when she
gave birth she was in the house of the defendants, her stay their was
accidental and due to fortuitous circumstances. Therefore, he prayed that the
defendants be absolved of the complaint with costs against the plaintiff.
ISSUE
Can the defendants be held liable to
pay for the obligation?
RULING
No. According to article 1089 of the
Civil Code, obligations are created by law, by contracts, by quasicontracts, and
by illicit acts and omissions or by those in which any kind of fault or
negligence occurs. Obligations arising from law are not presumed. Those
expressly determined in the code or in special laws, etc., are the only
demandable ones. Obligations arising from contracts have legal force between
the contracting parties and must be fulfilled in accordance with their stipulations.
(Arts. 1090 and 1091.) The rendering of medical assistance in case of illness
was comprised among the mutual obligations to which the spouses were bound by
way of mutual support. (Arts. 142 and 143.) If every obligation consists in
giving, doing or not doing something (art. 1088), and spouses were mutually bound
to support each other, there can be no question but that, when either of them
by reason of illness should be in need of medical assistance, the other was
under the unavoidable obligation to furnish the necessary services of a
physician in order that health may be restored, and he or she may be freed from
the sickness by which life is jeopardized. The party bound to furnish such
support was therefore liable for all expenses, including the fees of the medical
expert for his professional services. In the face of the above legal precepts,
it was unquestionable that the person bound to pay the fees due to the
plaintiff for the professional services that he rendered to the daughter-in-law
of the defendants during her childbirth, was the husband of the patient and not
her father and mother- in-law of the defendants herein.
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