G.R. No. L-26795 - Quimiguing vs. Icao

Carmen Quimiguing, the plaintiff-appellant, sued through her parents, Antonio Quimiguing and Jacoba Cabilin.
Felix Icao, the defendant-appellee, was summoned in Civil Case No. 1590 before the Court of First Instance of Zamboanga del Norte (Presiding Judge Onofre Sison Abalos).

The parties were neighbors in Dapitan City and had “close and confidential relations.”
Despite being married to another woman, Icao allegedly forced plaintiff to have carnal intercourse multiple times through intimidation and violence.
Plaintiff became pregnant, despite defendant’s provision of drugs intended to prevent conception, and was compelled to discontinue her studies.
Plaintiff sought:

Defendant moved to dismiss for failure to state a cause of action, arguing the complaint did not allege that the child had been born.
The trial court granted the motion and dismissed the complaint.
Plaintiff moved to amend the complaint to allege that a daughter had been born; the court denied the motion, ruling that no amendment was allowable since the original complaint alleged no cause of action.
Plaintiff appealed directly to the Supreme Court.

Whether a conceived but unborn child has a right to support under Article 40 and Article 291 of the Civil Code.
Whether the trial court erred in dismissing the complaint for lack of cause of action due to non-allegation of the child’s birth.
Whether plaintiff herself had an independent cause of action for moral damages under Articles 21 and 2219 of the Civil Code.