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

FACTS

Plaintiffs, minor Gilbert Rillon and his mother Marcelina Rillon (as his guardian ad litem), filed a civil action against defendant Filemon Rillon. The complaint alleged that on or about September 10, 1953, in San Fernando, La Union, the defendant, by means of 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 prayed that the defendant be ordered to recognize Gilbert as his natural child, provide support of P20.00 monthly, and pay Marcelina P30,000 as actual damages, P5,000 as moral damages, and P200 for childbirth expenses. The defendant denied the allegations, claiming the child was fathered by another man, and moved to dismiss the complaint on the grounds that the action was premature due to the absence of a final judgment in a criminal case for rape against him. The trial court (Judge Juan O. Reyes) dismissed the case without prejudice, holding that a decision on the “prejudicial question” of whether the defendant committed rape must first be obtained in a criminal proceeding. Plaintiffs appealed this order of dismissal.

ISSUE

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

RULING

Yes. The order of dismissal is set aside and the case is remanded for further proceedings. Under the former Spanish Civil Code (Article 135) and the Revised Penal Code (Article 345), the civil liability for rape (including indemnity, acknowledgment of offspring, and support) was to be determined in accordance with the Penal Code and was typically adjudicated within the criminal proceeding itself, as provided by Section 107 of General Orders No. 58 and the Spanish Law of Criminal Procedure (Articles 712 and 114). This procedure required the suspension of any separate civil action until the criminal case was finally decided. However, the enactment of the new Civil Code of the Philippines introduced a fundamental change. Articles 30 and 33 of the new Civil Code expressly allow independent civil actions for damages in cases of rape, without the need to await the outcome of a criminal prosecution. These provisions are inconsistent with the old procedural rule (embodied in Rule 107 of the Rules of Court) that made the civil action dependent on the criminal action. Consequently, the new Civil Code provisions repealed or modified Rule 107 pro tanto. Therefore, the offended woman and the child born from the crime may institute a civil action for damages, recognition, and support independently, without a prior criminal action and judgment against the offender.