Quimiguing vs Icao

TITLE: Quimiguing vs Icao

CITATION: 34 SCRA 132
FACTS:
Carmen Quimiguing, the petitioner, and Felix Icao, the defendant, were
neighbors in Dapitan City and had close and confidential relations. Despite the
fact that Icao was married, he succeeded to have carnal intercourse with
plaintiff several times under force and intimidation and without her consent. As
a result, Carmen became pregnant despite drugs supplied by defendant and as
a consequence, Carmen stopped studying. Plaintiff claimed for support at P120
per month, damages and attorneys fees. The complaint was dismissed by the
lower court in Zamboanga del Norte on the ground lack of cause of action.
Plaintiff moved to amend the complaint that as a result of the intercourse, she
gave birth to a baby girl but the court ruled that no amendment was allowable
since the original complaint averred no cause of action.
ISSUE: Whether plaintiff has a right to claim damages.
HELD:
Supreme Court held that a conceive child, although as yet unborn, is given by
law a provisional personality of its own for all purposes favorable to it, as
explicitly provided in Article 40 of the Civil Code of the Philippines. The
conceive child may also receive donations and be accepted by those persons
who will legally represent them if they were already born as prescribed in Article
742.
Lower courts theory on article 291 of the civil code declaring that support is an
obligation of parents and illegitimate children does not contemplate support to
children as yet unborn violates article 40 aforementioned.
Another reason for reversal of the order is that Icao being a married man forced
a woman not his wife to yield to his lust and this constitutes a clear violation of
Carmens rights. Thus, she is entitled to claim compensation for the damage
caused.
WHEREFORE, the orders under appeal are reversed and set aside. Let the case
be remanded to the court of origin for further proceedings conformable to this
decision. Costs against appellee Felix Icao. So ordered.