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Civil Personality

Republic of the Philippines


SUPREME COURT
Manila
EN BANC
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.
Torcuato L. Galon for plaintiffs-appellants.
Godardo Jacinto for defendant-appellee.

REYES, J.B.L., J.:


Appeal on points of law from an order of the Court of First Instance of Zamboanga del Norte (Judge
Onofre Sison Abalos, presiding), in its Civil Case No. 1590, dismissing a complaint for support and
damages, and another order denying amendment of the same pleading.
The events in the court of origin can be summarized as follows:
Appellant, Carmen Quimiguing, assisted by her parents, sued Felix Icao in the court below. In her
complaint it was averred that the parties were neighbors in Dapitan City, and had close and
confidential relations; that defendant Icao, although married, succeeded in having carnal intercourse
with plaintiff several times by force and intimidation, and without her consent; that as a result she
became pregnant, despite efforts and drugs supplied by defendant, and plaintiff had to stop studying.
Hence, she claimed support at P120.00 per month, damages and attorney's fees.
Duly summoned, defendant Icao moved to dismiss for lack of cause of action since the complaint did
not allege that the child had been born; and after hearing arguments, the trial judge sustained
defendant's motion and dismissed the complaint.
Thereafter, plaintiff moved to amend the complaint to allege that as a result of the intercourse,
plaintiff had later given birth to a baby girl; but the court, sustaining defendant's objection, ruled that
no amendment was allowable, since the original complaint averred no cause of action. Wherefore,
the plaintiff appealed directly to this Court.
We find the appealed orders of the court below to be untenable. A conceived 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 unborn child, therefore, has a

Civil Personality

right to support from its progenitors, particularly of the defendant-appellee (whose paternity is
deemed admitted for the purpose of the motion to dismiss), even if the said child is only "en ventre
de sa mere;" just as a conceived child, even if as yet unborn, may receive donations as prescribed
by Article 742 of the same Code, and its being ignored by the parent in his testament may result in
preterition of a forced heir that annuls the institution of the testamentary heir, even if such child
should be born after the death of the testator Article 854, Civil Code).
ART. 742. Donations made to conceived and unborn children may be accepted by
those persons who would legally represent them if they were already born.
ART. 854. The preterition or omission of one, some, or all of the compulsory heirs in
the direct line, whether living at the time of the execution of the will or born after the
death of the testator, shall annul the institution of heir; but the devises and legacies
shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be
effectual, without prejudice to the right of 'representation.
It is thus clear that the lower court's theory that 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 aforesaid, besides imposing a condition that nowhere appears in the text
of Article 291. It is true that Article 40 prescribing that "the conceived child shall be considered born
for all purposes that are favorable to it" adds further "provided it be born later with the conditions
specified in the following article" (i.e., that the foetus be alive at the time it is completely delivered
from the mother's womb). This proviso, however, is not a condition precedent to the right of the
conceived child; for if it were, the first part of Article 40 would become entirely useless and
ineffective. Manresa, in his Commentaries (5th Ed.) to the corresponding Article 29 of the Spanish
Civil Code, clearly points this out:
Los derechos atribuidos al nasciturus no son simples expectativas, ni aun en el
sentido tecnico que la moderna doctrina da a esta figura juridica sino que
constituyen un caso de los propiamente Ilamados 'derechos en estado de
pendenci'; el nacimiento del sujeto en las condiciones previstas por el art. 30, no
determina el nacimiento de aquellos derechos (que ya existian de antemano), sino
que se trata de un hecho que tiene efectos declarativos. (1 Manresa, Op. cit., page
271)
A second reason for reversing the orders appealed from is that for a married man to force a woman
not his wife to yield to his lust (as averred in the original complaint in this case) constitutes a clear
violation of the rights of his victim that entitles her to claim compensation for the damage caused.
Says Article 21 of the Civil Code of the Philippines:
ART. 21. Any person who wilfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the
damage.

Civil Personality

The rule of Article 21 is supported by Article 2219 of the same Code:


ART 2219. Moral damages may be recovered in the following and analogous cases:
(3) Seduction, abduction, rape or other lascivious acts:
xxx xxx xxx
(10) Acts and actions referred to in Articles 21, 26, 27, 28 ....
Thus, independently of the right to Support of the child she was carrying, plaintiff herself had a cause
of action for damages under the terms of the complaint; and the order dismissing it for failure to state
a cause of action was doubly in error.
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.
Concepcion, C.J., Dizon, Makalintal, Zaldivar, Castro, Fernando, Teehankee, Barredo and Villamor,
JJ., concur.

Civil Personality

QUIMIGUING VS ICAO
Facts:
Carmen Quimiguing, suing through her parents, Antonio and Jacoba Cabilin, sought an
appeal from the orders of Zamboanga CFI, which dismissed her complaint for support and
damages and request for amendment of complaint.
Quimiguing averred that the then already married Felix Icao succeeded in having sexual
relations with her through force and intimidation. As a result, she became pregnant despite
efforts and drugs supplied by Icao and had to stop studying. She then claimed for monthly
support, damages and attorneys fees.
The defendant-appellee, however, moved to dismiss in light of Quimiguings failure to allege
the fact that a child had been born in her complaint. The lower court dismissed the case and
subsequently denied further amendment to the complaint, ruling that no amendment was
allowed for failure of the original complaint to state a cause of action.

Issue:
W/N the plaintiff-appellants can ask for support and damages from defendant despite failure
to allege fact of birth in complaint

Ruling:
Yes. The Court ruled that plaintiff-appellant had right to support of the child she was
carrying and an independent cause of action for damages.
This is because the Civil Code (Art. 40) recognizes the provisional personality of the unborn
child, which includes its right to support from its progenitors, even it is only en ventre de sa
mere. Article 742 of the same Code holds that, just as a conceived child, it may receive
donations through persons that legally represent it. Readings of Articles 40, 854 of the Civil

Civil Personality

Code and Article 29 of the Spanish Code also further strengthen the case for reversal of
order.
Additionally, for a married man to force a woman not his wife to yield to his lust xxx
constitutes a clear violation of the rights of his victim that entitles her to claim compensation
for damage caused per Article 21 of the Civil Code, a provision supported by Article 2219,
which provides moral damages for victims of seduction, abduction, rape or other lascivious
acts.
Judgment reversed, set aside and remanded for proceedings conformable to the
decision; with costs against Icao.

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

Civil Personality

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.

Quimiguing vs. Icao


Quimiguing vs. ICAO
G.R. No. L-26795. 31 July 1970.
REYES, J.B.L., J.:
Appeal on points of law from an order of the CFI of Zamboanga del Norte.

Facts: Plaintiff and defendant were neighbors and had close and confidential relations. Defendant,
although married, succeeded in having carnal intercourse with the plaintiff several times by force and
intimidation and without her consent. As a result she became pregnant and had to stop studying. Later
she gave birth to a baby girl. She instituted an action to recover damages from the defendant. The
lower court dismissed the case on the ground that the original complaint averred no cause of action.
Plaintiff appealed.

Issue: W/N defendant is liable for damages.

Held: The orders under appeal are reversed and set aside.

Ratio: A second reason for reversing the orders appealed from is that for a married man to force a
woman not his wife to yield to his lust (as averred in the original complaint in this case) constitutes a
clear violation of the rights of his victim that entitles her to claim compensation for the damage
caused. Says Article 21 of Civil Code of the Philippines: Art. 21. Any person who willfully causes loss

Civil Personality

or injury to another in a manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.

Quimiging v. Icao

34 SCRA 134
Nature:
Appeal from order of the Zamboanga del Norte CFI. Reyes, J.B.L., J.:
Facts:
Icao, a married man, succeeded in having sex with Quimiguing several times by force and intimidation
and without her consent (rape!); as a result Quimiguing became pregnant, despite efforts and drugs
supplied by Icao. Quimiguing claims support at Php 120.00/month, damages and attorneys fees. Icao
moved to dismiss the complaint for lack of cause of action since complainant did not allege that the
child had indeed been born; trial judge sustained defendants motion. Hence, this appeal.
Issue:
Whether or not the case merits the protection of Art. 40 NCC and if so then does the child have the
rights, through the mother, to claim support.
Held: YES.
Plaintiff, through an amended complaint, avers that as a result of the intercourse, she had later given
birth to a baby girl. The SC says that since, as provided in Article 40 NCC (the conceived child shall be
considered born for all purposes favorable to it, provided, it be born later with the conditions specified
in following article), petitioner Quimiguings child, since time of conception, and as having fulfilled the
requirement of having been born later, has a right to support from its progenitors, particularly of the
defendant-appellee.
Disposition: Orders of the lower court reversed and set aside and case remanded to lower court for
further proceedings.

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