G.R. No. L-13172; April 28, 1960
GILBERT RILLON and MARCELINA RILLON, plaintiffs-appellants, vs. FILEMON RILLON, defendant-appellee.

FACTS

Plaintiffs-appellants, minor Gilbert Rillon (assisted by his mother Marcelina Rillon as guardian ad litem) and Marcelina Rillon, filed a civil action against defendant-appellee Filemon Rillon. The complaint alleged that on or about September 10, 1953, in San Fernando, La Union, the defendant, through force and intimidation, had carnal knowledge of Marcelina Rillon against her will, resulting in the conception of Gilbert Rillon, who was born on or about April 12, 1954. Both parties were single and capable of marriage at the time of conception. The plaintiffs sought: (1) recognition of Gilbert Rillon as the natural child of the defendant; (2) a declaration of the child’s rights as a natural child; (3) support of P20.00 monthly; (4) actual damages of P30,000 for Marcelina (for her inability to complete her studies); (5) moral damages of P5,000 for Marcelina; and (6) P200 for expenses related to childbirth. The defendant denied the allegations, claiming the child was fathered by another man, and counterclaimed for moral damages. The defendant moved to dismiss the complaint, arguing the action was premature because there was no final judgment in a criminal case for rape against him. The trial court (Judge Juan O. Reyes) dismissed the case without prejudice, pending resolution of the “prejudicial question” of whether the defendant committed the crime of rape as alleged. Plaintiffs appealed this dismissal.

ISSUE

Whether a civil action for recognition, support, and moral damages, based on allegations constituting the crime of rape, can proceed independently without a prior criminal action for rape and a final judgment convicting the defendant.

RULING

The Supreme Court set aside the trial court’s order and remanded the case for further proceedings. The Court held that under the Civil Code of the Philippines (which superseded the Spanish Civil Code and related procedural laws), a civil action for damages, recognition, and support arising from rape can be instituted and prosecuted to final judgment without awaiting the institution and termination of a criminal action for rape. The Court reasoned that:
1. Under the former Spanish Civil Code (Article 135) and the Revised Penal Code (Article 345), civil liability for rape (including indemnity, acknowledgment of offspring, and support) was governed by the Penal Code and was to be determined in the criminal action, as provided by Section 107 of General Orders No. 58 and Articles 712 and 114 of the Spanish Law of Criminal Procedure. This required the civil action to be suspended until the criminal case was decided.
2. However, the Civil Code of the Philippines introduced new provisions (Articles 30 and 33) that allow independent civil actions for damages in cases of rape, without the need for a prior criminal prosecution. These articles are inconsistent with the old procedural rule (Rule 107 of the Rules of Court, which was based on Spanish law) that required the civil action to await the outcome of the criminal action.
3. Consequently, Rule 107 of the Rules of Court is deemed repealed or modified pro tanto by Articles 30 and 33 of the Civil Code. Therefore, the offended woman and the child born from the crime may directly institute a civil action for damages, recognition, and support without a previous criminal action and judgment against the offender.
The case was remanded to the trial court for proceedings consistent with this decision.