PELAYO vs LAURON, 12 Phil 457
Subject: Obligations and Contracts
FACTS
On the 23rd of November,
1906, Arturo Pelayo, a physician residing in Cebu, filed a complaint against
Marcelo Lauron and Juana Abella setting forth that on or about the 13th of
October of said year, at night, the plaintiff was called to the house of the
defendants, situated in San Nicolas, and that upon arrival he was requested by
them to render medical assistance to their daughter-in-law who was about to
give birth to a child; that therefore, and after consultation with the
attending physician, Dr. Escaño, it was found necessary, on account of the
difficult birth, to remove the fetus by means of forceps which operation was
performed by the plaintiff, who also had to remove the afterbirth, in which
services he was occupied until the following morning, and that afterwards, on
the same day, he visited the patient several times; that the just and equitable
value of the services rendered by him was P500, which the defendants refuse to
pay without alleging any good reason therefor; that for said reason he prayed
that the judgment be entered in his favor as against the defendants, or any of
them, for the sum of P500 and costs, together with any other relief that might
be deemed proper.
ISSUE
Whether or not Marcelo
Lauron and Juana Abella be liable for the services rendered by Arturo Pelayo to
their daughter-in-law.
RULING
No, Marcelo Lauron and
Juana Abella is not liable for the services rendered by Arturo Pelayo to their
daughter-in-law. In the face of the above legal precepts, it is 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, is the husband of the patient and not her father and mother-
in-law, the defendants herein.
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