PERSONS I

A.Y. 1920– ATTY. LEGARDA

Plaintiff, through an amended complaint, avers that as
TOPIC Birth a result of the intercourse, she had later given birth to
CASE NO. G.R. No. 26795 a baby girl. The SC says that since, as provided in
CASE NAME Quimiguing vs. Icao Article 40 NCC (the conceived child shall be
considered born for all purposes favorable to it,
PONENTE Justice Reyes
provided, it be born later with the conditions specified
PETITIONER Carmen Quimiguing
in following article), petitioner Quimiguing‘s child,
RESPONDENT Felix Icao since time of conception, and as having fulfilled the
TYPE OF CASE Appeal requirement of having been born later, has a right to
MEMBER Daryl Yu support from its progenitors, particularly of the
defendant-appellee
ISSUE
Another reason for reversal of the order is that Icao
1. W/N the case merits the protection of Art. 40 NCC and being a married man forced a woman not his wife to
if so then does the child have the rights, through the yield to his lust and this constitutes a clear violation of
mother, to claim support. Carmen’s rights. Thus, she is entitled to claim
compensation for the damage caused.
RELEVANT FACTS
- SIcao, a married man, succeeded in having sex with DISPOSITIVE POSITION
Quimiguing several times by force and intimidation WHEREFORE, the orders under appeal are reversed and set
and without her consent (rape!); as a result aside. Let the case be remanded to the court of origin for
Quimiguing became pregnant, despite efforts and further
drugs supplied by Icao. Quimiguing claims support at
Php 120.00/month, damages and attorney‘s fees. Icao proceedings conformable to this decision. Costs against
moved to dismiss the complaint for lack of cause of appellee Felix Icao. So ordered.
action since complainant did not allege that the child DOCTRINE/PRECEDENT
had indeed been born; trial judge sustained
defendant‘s motion. Hence, this appeal. RELEVANT LAWS
Art. 40. Birth determines personality; but the conceived
RATIO DECIDENDI child shall be considered born for all purposes that are
1. W/N the case merits the protection of Art. 40 NCC and favorable to it, provided it be born later with the conditions
if so then does the child have the rights, through the specified in the following article.
mother, to claim support. YES