Case Summary (G.R. No. L-26795)
Provisional Personality of the Unborn Child
Under Civil Code Article 40, “the conceived child shall be considered born for all purposes that are favorable to it,” provided it is subsequently born alive as required by the following article. This provision grants the unborn child a provisional juridical personality to secure rights—such as support—that accrue in its favor even prior to birth. Analogous provisions (Articles 742 and 854) recognize the capacity of an unborn child to accept donations and to challenge testamentary dispositions, demonstrating that legal personality for favorable purposes is effective from conception.
Error in Trial Court’s Interpretation of Parental Support
The trial court’s reliance on Civil Code Article 291—that parents are obliged to support legitimate and illegitimate children—as excluding protection for an “en ventre” child imposed a condition not found in the statute. Article 40’s clear grant of provisional personality for favorable purposes precludes any reading that support ceases until postnatal existence. To interpret Article 291 as requiring prior birth would nullify the effect of Article 40’s first clause, contravening settled principles of statutory construction and the purpose of protecting the rights of the conceived child.
Plaintiff’s Independent Cause of Action for Damages
Separately, petitioner asserted a cause of action for damages on account of rape, which is explicitly compensable under Civil Code Article 21 for acts contrary to morals, good customs, or public policy, and under Article 2219(3) as a “rape or other lascivious acts.” Thus, even absent a support claim for the child, petitioner’s own right to redress for personal injury remained viable, render
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Facts of the Case
- Plaintiffs–appellants: Carmen Quimiguing, represented by her parents Antonio Quimiguing and Jacoba Cabilin.
- Defendant–appellee: Felix Icao, neighbor in Dapitan City.
- Relationship: Close and confidential, despite defendant’s existing marriage.
- Allegation: Defendant, by force and intimidation, had several acts of carnal intercourse with plaintiff without her consent.
- Consequence: Plaintiff became pregnant; efforts to induce abortion failed.
- Impact: Plaintiff was compelled to discontinue her studies.
- Relief sought: P120.00 monthly support, moral and exemplary damages, and attorney’s fees.
Procedural History
- Trial court: Court of First Instance of Zamboanga del Norte, Civil Case No. 1590, presided by Judge Onofre Sison Abalos.
- Defendant’s motion: Dismissal for lack of cause of action—no allegation of live birth.
- Ruling on motion: Complaint dismissed; court held no cause of action alleged.
- Plaintiff’s attempt to amend: Sought to allege subsequent birth of a baby girl.
- Amendment denied: Court ruled amendment impermissible given lack of original cause of action.
- Appeal: Direct to the Supreme Court on points of law.
Issues
- Whether an unborn (conceived) child has a provisional personality and right to support under Article 40, Civil Code.
- Whether Article 291, Civi