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 attorney’s 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 court’s 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 Carmen’s 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.