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    33 People Vs Malapo Digest

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    Rex
    Amalia Trinidad was raped by Malapo in September 1991 while in the care of her aunt. She gave birth to a baby boy in May 1992. Malapo argued the baby could not have been full-term since the birth was less than 9.3 months after the rape. The Supreme Court affirmed Malapo's conviction, finding an infant can be considered full-term if it weighs over 2,275 grams, as Amalia's baby did. It also found conception likely occurred near the time of the September 1991 rape based on the timing of events.

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    33 People Vs Malapo Digest

    Uploaded by

    Rex
    232 views1 page
    Amalia Trinidad was raped by Malapo in September 1991 while in the care of her aunt. She gave birth to a baby boy in May 1992. Malapo argued the baby could not have been full-term since the birth was less than 9.3 months after the rape. The Supreme Court affirmed Malapo's conviction, finding an infant can be considered full-term if it weighs over 2,275 grams, as Amalia's baby did. It also found conception likely occurred near the time of the September 1991 rape based on the timing of events.

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    33 People vs Malapo digest

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    Amalia Trinidad was raped by Malapo in September 1991 while in the care of her aunt. She gave birth to a baby boy in May 1992. Malapo argued the baby could not have been full-term since the birth was less than 9.3 months after the rape. The Supreme Court affirmed Malapo's conviction, finding an infant can be considered full-term if it weighs over 2,275 grams, as Amalia's baby did. It also found conception likely occurred near the time of the September 1991 rape based on the timing of events.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    232 views1 page

    33 People Vs Malapo Digest

    Uploaded by

    Rex
    Amalia Trinidad was raped by Malapo in September 1991 while in the care of her aunt. She gave birth to a baby boy in May 1992. Malapo argued the baby could not have been full-term since the birth was less than 9.3 months after the rape. The Supreme Court affirmed Malapo's conviction, finding an infant can be considered full-term if it weighs over 2,275 grams, as Amalia's baby did. It also found conception likely occurred near the time of the September 1991 rape based on the timing of events.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People vs.

    Malapo, 294 SCRA 586

    Facts: Amalia Trinidad, complainant, was put into the custody of her aunt, Nenita
    No. Previously, she was a ward of the Elsie Gaches Village institution as she was
    considered a retardate.

    On September 1991, accused Malapo went into the house of Nenita No. At that time,
    Amalia was alone in the said house. Malapo then and there, willfully, unlawfully, and
    feloniously succeeded in having carnal knowledge of the said victim against her will.
    The rape resulted to Amalia bearing a full-term baby boy on May 18, 1992. RTC
    ruled that Malapo was guilty of the crime but he was contending that if Amalia’s
    baby was born on May 18 1992, the baby could not have been a full-term baby
    because the rape happened on September 1991, below 9.3 months, the duration for
    a full-term baby.

    Issue: Whether or not Malapo is correct in saying that Amalia’s child is not his,
    claiming support from his argument for a full-term baby.

    Ruling: Supreme Court affirmed RTC’s decision of sentencing Malapo for the crime
    of rape. An infant can be considered a full-term baby if it weighs more than 2,275
    grams even if it is born before the thirty-seventh week which is less than 9.3
    months. Amalia’s baby weighs 2,400 grams. Further, in the case at bar, it can be
    inferred that conception occurred at or about the time that accused is alleged to
    have committed the crime, i.e., within 120 days from the commission of the offense
    in September 1991.

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