G.R. No.

26795 July 31, 1970

CARMEN QUIMIGUING, Suing through her parents, ANTONIO QUIMIGUING and JACOBA
CABILIN, plaintiffs-appellants,
vs.
FELIX ICAO, defendant-appellee.

FACTS: Carmen Quimguing Plaintiff, Felix Icao defendant were neighbors in Dapitan,
Zamboanga. Defendant succeeded to carnal intercourse by force, intimidation and
without the Plaintiff consent. Later, Quimguing concieved and gave birth to a baby
girl. Plaintiff claimed damages of P120 per month. Icao filed motion to dismiss the
case since for lack of cause of actions, and the court sustained. Plaintiff file
the amended complaint which was later dismissed.

ISSUE: Plaintiff file a case through her Parents claiming for the support of her
Child

HELD: The Court reversed its decision, asked the Defendant to provide damages and
support for the Plaintiff plus suit expenses. A concieved child should considered
born, the Law gives a provisional personality for its own purpose and favorable to
it. Therefore, the Plaintiff has the right to damages in the form of monthly
support.

Art. 40. Birth determines personality; but the conceived child shall be considered
born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article. (29a)