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Quimiguing vs Icao 34 SCRA 132

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.
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
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