Quimiging v.

Icao
No. 26795
July 31, 1970

Facts:
Carmen Quimiging and Felix Icao are neighbors with close confidential relations.
Icao, although married, had sexual intercourse with Quimiging several times by force and intimidation and
without her consent.
o As a result, Quimiging became pregnant and had to stop studying.
o Quimiging filed a case to claim support and damages.
Icao moved to dismiss the complaint for lack of cause of action since the child has not been born yet.
TC ruled in Icaos favor.
Quimiging moved to amend her complaint that as a result of their sexual intercourse, she had later given
birth to a baby girl.
o But the court ruled that it is not allowed so there is no cause of action.

Issue/s:
1. WON Quimiging can ask support from Icao

Ruling:
1. Yes. A conceived child shall be considered born for all purposes that are favorable to it.
o The unborn child has the right to support from its parents, particularly Icao (whose paternity is
deemed admitted), even if the said child is only a conceived child.
o Art 40 CC sates that the conceived child is considered born for all purposes favorable to it,
provided that it be alive after being delivered completely from the mothers womb.
The second phrase (provided) is not a condition precedent to the right of the
conceived child because if it were, then the first part of Art 40 is deemed useless and
ineffective.
o Aside from that, for a married man to force a woman not his wife to yield his lust constitutes a
clear violation of Art 21 CC, which entitles her to claim for damages

WHEREFORE, the order of the TC is REVERSED and SET ASIDE.