Quimiguing vs. Icao

Quimiguing vs. ICAO
G.R. No. L-26795. 31 July 1970.
REYES, J.B.L., J.:
Appeal on points of law from an order of the CFI of Zamboanga del Norte.

Facts: Plaintiff and defendant were neighbors and had close and confidential relations. Defendant, although married, succeeded in having carnal intercourse with the plaintiff several times by force and intimidation and without her consent. As a result she became pregnant and had to stop studying. Later she gave birth to a baby girl. She instituted an action to recover damages from the defendant. The lower court dismissed the case on the ground that the original complaint averred no cause of action. Plaintiff appealed.

Issue: W/N defendant is liable for damages.

Held: The orders under appeal are reversed and set aside.

Ratio: “A second reason for reversing the orders appealed from is that for a married man to force a woman not his wife to yield to his lust (as averred in the original complaint in this case) constitutes a clear violation of the rights of his victim that entitles her to claim compensation for the damage caused. Says Article 21 of Civil Code of the Philippines: “ ‘Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.’ “

*Dre