PELAYO v.

LAURON
G.R. No. L-4089 January 12 1909 Torres Hermosisima
petitioners Arturo Pelayo
respondents Marcelo Lauron
summary Petitioner doctor filed this case against the defendants to collect his professional fees for
the childbirth of the defendants’ daughter-in-law. According to the SC, since the
obligation to give support falls upon the husband by express provision of law, then absent
any contract agreed upon, the defendants cannot be held liable.

facts of the case

- Pelayo, a doctor, filed a complaint on November 1906, stating that at about October of 1906, defendants
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. He estimated his services
cost around P500 which the defendants in this case refuse to pay.
- Defendants on the other hand denied everything and alleged as a special defense that the daughter-in-
law died because of the childbirth, that said daughter in law was living apart from them ogether with
her husband, and that her stay at 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. According to the SC, the only important issue to answer here is

issue
Who is bound to pay for Pelayo’s bill?

Ratio
- The court laid down the sequence of its reasoning. First, the court cited the general law on obligations
under Article 1089 (obligations are created by law, by contracts, by quasi-contracts, and by illicit acts
and omissions or by those in which any kind og negligence occurs).
- By express provision of law, the rendering of medical assistance in case of illness is one of the mutual
obligations the spouses are obliged 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. The husband is still the person obliged
to give support and likewise pay for the expenses of such support.
- Since there was no contract agreed upon that the defendants will pay for the expenses, then they are
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.