Scribd Logo
Upload

Welcome to Scribd!

  • 942 views

    PELAYO vs. LAURON

    Uploaded by

    Anonymous NqaBAy
    Pelayo, a physician, was called to the house of Marcelo Lauron & Juana Abella to assist in the difficult childbirth of their daughter-in-law. Pelayo rendered medical services until the following morning but was not paid his fee of 500 pesos. The court affirmed the lower court's ruling absolving the defendants of payment because under mutual support obligations, the husband was responsible for medical expenses, not his parents, and there was no contract between Pelayo and the defendants requiring payment.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    PELAYO vs. LAURON

    Uploaded by

    Anonymous NqaBAy
    942 views1 page
    Pelayo, a physician, was called to the house of Marcelo Lauron & Juana Abella to assist in the difficult childbirth of their daughter-in-law. Pelayo rendered medical services until the following morning but was not paid his fee of 500 pesos. The court affirmed the lower court's ruling absolving the defendants of payment because under mutual support obligations, the husband was responsible for medical expenses, not his parents, and there was no contract between Pelayo and the defendants requiring payment.

    Original Description:

    PELAYO vs. LAURON

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Pelayo, a physician, was called to the house of Marcelo Lauron & Juana Abella to assist in the difficult childbirth of their daughter-in-law. Pelayo rendered medical services until the following morning but was not paid his fee of 500 pesos. The court affirmed the lower court's ruling absolving the defendants of payment because under mutual support obligations, the husband was responsible for medical expenses, not his parents, and there was no contract between Pelayo and the defendants requiring payment.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    942 views1 page

    PELAYO vs. LAURON

    Uploaded by

    Anonymous NqaBAy
    Pelayo, a physician, was called to the house of Marcelo Lauron & Juana Abella to assist in the difficult childbirth of their daughter-in-law. Pelayo rendered medical services until the following morning but was not paid his fee of 500 pesos. The court affirmed the lower court's ruling absolving the defendants of payment because under mutual support obligations, the husband was responsible for medical expenses, not his parents, and there was no contract between Pelayo and the defendants requiring payment.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    PELAYO vs.

    LAURON (Mutual Support)


    Facts: Oct. 13, 1906, nighttime Arturo Pelayo, a physician based in Cebu, was called to the
    house of Marcelo Lauron & Juana Abella (defendants) in San Nicolas. Their daughter-in-law was
    about to give birth & they requested him to render medical assistance. Since it was a difficult
    birth, he had to perform a surgery to remove the fetus using forceps. He also removed the
    afterbirth. He finished all of these until the following morning.
    He visited the patient several times the following day. Just & equitable value for the services he
    rendered: P500.00. Without any good reason, defendants refused to pay said amount. Thus he
    filed a case praying for a judgment in his favor against defendants for the sum of P500.00 + costs
    along with other relief that may be deemed proper.
    The Defendants alleged that their daughter-in-law died in consequence of the childbirth. Also,
    that their son & daughter-in-law lived independently & her giving birth in their house was only
    accidental. They prayed that they be absolved.
    CFI: Defendants absolved due to lack of sufficient evidence to establish right of action.
    ISSUE: WON the defendants are bound to pay the bill for the services Pelayo has rendered.
    HELD: NO. CFI judgment affirmed.
    RATIO: Rendering of medical assistance in case of illness is among the mutual obligations to
    which spouses are bound by way of mutual support. (Arts. 142 & 143, CC) The party bound to
    give support should therefore be liable for all the expenses including the fees of the physician.
    Thus, it is the husbands obligation to pay Pelayo and not the defendants. The husband would
    still be liable even if his parents were the one who called & requested for Pelayos assistance.
    The defendants are not under any obligation to pay the fees claimed (An obligation according to
    CC Art. 1089 is created by law, contracts, quasi-contracts, & by illicit acts & omissions or by
    those in which any kind of fault/negligence occurs.). There was no contract between Pelayo &
    the defendants thus they cant be compelled to pay him.

    You might also like