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    Art 1158

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    Danica Balinas
    Obligations derived from law are not presumed and must be expressly established in legal codes or statutes. Article 1158 refers to legal obligations that arise from law rather than the will of parties. Only obligations clearly described in the Civil Code or other special laws can be enforced. For example, an employer has no legal obligation to provide free legal assistance to employees unless a law expressly states that, but a gambler has a duty under Article 2014 to return winnings to the loser. The case example shows that under Article 1158, a husband has the legal obligation to pay for medical assistance for his ill wife contracted by her parents-in-law because of the mutual support obligations between spouses established by law.

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    Art 1158

    Uploaded by

    Danica Balinas
    653 views2 pages
    Obligations derived from law are not presumed and must be expressly established in legal codes or statutes. Article 1158 refers to legal obligations that arise from law rather than the will of parties. Only obligations clearly described in the Civil Code or other special laws can be enforced. For example, an employer has no legal obligation to provide free legal assistance to employees unless a law expressly states that, but a gambler has a duty under Article 2014 to return winnings to the loser. The case example shows that under Article 1158, a husband has the legal obligation to pay for medical assistance for his ill wife contracted by her parents-in-law because of the mutual support obligations between spouses established by law.

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    ART 1158

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    Obligations derived from law are not presumed and must be expressly established in legal codes or statutes. Article 1158 refers to legal obligations that arise from law rather than the will of parties. Only obligations clearly described in the Civil Code or other special laws can be enforced. For example, an employer has no legal obligation to provide free legal assistance to employees unless a law expressly states that, but a gambler has a duty under Article 2014 to return winnings to the loser. The case example shows that under Article 1158, a husband has the legal obligation to pay for medical assistance for his ill wife contracted by her parents-in-law because of the mutual support obligations between spouses established by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    653 views2 pages

    Art 1158

    Uploaded by

    Danica Balinas
    Obligations derived from law are not presumed and must be expressly established in legal codes or statutes. Article 1158 refers to legal obligations that arise from law rather than the will of parties. Only obligations clearly described in the Civil Code or other special laws can be enforced. For example, an employer has no legal obligation to provide free legal assistance to employees unless a law expressly states that, but a gambler has a duty under Article 2014 to return winnings to the loser. The case example shows that under Article 1158, a husband has the legal obligation to pay for medical assistance for his ill wife contracted by her parents-in-law because of the mutual support obligations between spouses established by law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    ART. 1158. Obligations derived from law are not presumed.

    Only those
    expressly determined in this Code or in special laws are demandable, and
    shall be regulated by the precepts of the law which establishes them; and
    as to what has not been foreseen, by the provisions of this Book. (1090)
    Legal obligations. Article 1158 refers to legal obligations or obligations
    arising from law. They are not presumed because they are considered a
    burden upon the obligor. They are the exception, not the rule. To be
    demandable, they must be clearly set forth in the law, i.e., the Civil Code or
    special laws. Thus:
    (1)An employer has no obligation to furnish free legal assistance to his
    employees because no law requires this, and, therefore, an employee
    may not recover from his employer the amount he may have paid a
    lawyer hired by him to recover damages caused to said employee by
    a stranger or strangers while in the performance of his duties. (De la
    Cruz vs. Northern Theatrical Enterprises, 95 Phil. 739 [1954].)
    (2)A private school has no legal obligation to provide clothing allowance
    to its teachers because there is no law which imposes this obligation
    upon schools. But a person who wins money in gambling has the
    duty to return his winnings to the loser. This obligation is provided by
    law. (Art. 2014.) Under Article 1158, special laws refer to all other
    laws not contained in the Civil Code.
    ILLUSTRATIVE CASES:
    1. Liability of husband for medical assistance rendered to his wife but
    contracted by his parents.
    Facts: X, by virtue of having been sent for by B and C, attended as
    physician and rendered professional services to a daughter-in-law of B
    and C during a diffi cult and laborious childbirth.
    Issue: Who is bound to pay the bill: B and C, the parents-in-law of the
    patient, or the husband of the latter?
    Held: The rendering of medical assistance in case of illness is
    comprised among the mutual obligations to which spouses are bound by
    way of mutual support.4 If spouses are mutually bound to support each
    other, there can be no question that when either of them by reason of
    illness should be in need of medical assistance, the other is to render
    the unavoidable obligation to furnish the services of a physician and is
    liable for all expenses, including the fees for professional services.
    This liability originates from the above-mentioned mutual obligation
    which the law has expressly established between the married couple. B
    and C not having personally bound themselves to pay are not liable.
    (Pelayo vs. Lauron, 12 Phil. 453 [1909].)

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