G.R No.

26795
Carmen Quimiguing, suing through her parents (plaintiffs-appellants) v Felix Icao (Defendant-appellee)
This case is about: An appeal from the orders of Zamboanga del norte Court of First Instance by
Quimiguing (plaintiffs-appellants), which dismissed her complaint for support and damages and request
for amendment of complaint.
Facts of the case:
Quimiging sued Icao before the court of first instance of Zamboanga del norte. Quimiguing
averred that she and 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 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
Held: 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 pursuant to the provision of the Civil Code (Art. 40)
which recognizes the provisional personality of the unborn child, which includes its right to support from
its progenitors; even it is only just a conceived child en ventre de sa mere.
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.