Quimiging v. Icao, 34 SCRA 134

FACTS: Carmen Quimiguing and Felix Icao were neighbors. They had carnal intercourse several times until Carmen got pregnant. She, together with her parents, filed a claim for support at P120 per month plus damages. ICao filed a motion to dismiss for lack of cause of action since the child is not yet born. Trial court dismissed the complaint.

ISSUE: W/N CFI erred in dismissing Carmen’s complaint

HELD: Yes. A conceived child, although not yet born, is given by law a provisional personality of its own for all purposes favorable to it.