PREGNANCY

Pregnancy- the state of a woman who has within her body the growing product of conception or
a fecundated germ. It commences from the time the egg cell is fertilized and terminates from the
time such product of conception is expelled or delivered. The average duration of pregnancy is
270-280 days from the first day of the menstruation. There is no perfect way of determining its
duration, although several methods are employed, none of the methods are perfectly reliable.

Legal Importance of the Study of Pregnancy:
1. Pregnancy is a ground for the suspension of the execution of the death sentence in a
woman:

Art. 83, Revised Penal Code:
Suspension of the execution of the death sentence:
The death sentence shall not be inflicted upon a woman within the three years
next following the date of the sentence or while she is pregnant, nor upon any person
over seventy years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties in article 40.

2. A conceived child is capable of receiving donation:

Art. 742, Civil Code:
Donation made to conceived and unborn children may be accepted by the persons
who would legally represent them if they were already born.

3. A conceived child may exercise civil rights:

Art. 40, Civil Code:
Birth determines personality; but the conceived child shall be considered born for
all the purposes that are favorable to it, provided it be born later with the conditions
specified in the following article.

Art. 41, Civil Code:
For civil purposes, the fetus is considered born if it is alive at the time it is
completely delivered from the mothers womb. However, if the fetus had an intra uterine
life of less than seven months, it is not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb.

4. Concealment of the woman that she is pregnant at the time of the marriage is a ground for
the annulment of marriage:

Art. 85, Civil Code:
A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(4) That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as her husband or his wife, as the case may
be.

Art. 86, Civil Code:
Any of the following circumstances shall constitute fraud referred to in number 4
of the preceding article:
(3) Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than his husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the annulment of marriage.

Art. 87, Civil Code:
The action for annulment of marriage must be commenced by the parties and
within the period as follows:
(4) For causes mentioned in number 4, by the injured party within four years after
the discovery of the fraud.

Instances Why Some Women Claim Pregnancy Even if None Exists:
1. Pregnancy is a ground for the suspension of the death sentence in a woman:
-if a woman claims that she is pregnant at the time of execution, she may file for a
motion or petition in court for the suspension of the execution of the death sentence, and
if found to be pregnant, the execution will be deferred until she has delivered.
2. A lawful plea in mitigation when charged with theft:
-a woman may be accused of the crime of theft. She may raise the plea in
mitigation of kleptomania brought about by her temporary insanity due to conception.
3. A ground for widows larger claim:
-a widow may claim larger damages as a result of the recent death of her husband
on account of the negligence of another.
4. Claim for the posthumous child:
-a widow may ask or petition the court for the share of the posthumous child in
the estate of the deceased husband.
5. For black- mailing purpose:
-a woman may claim that she is pregnant for the purpose of black-mailing a man
or for the purpose of inducing a man to marry her.

Instances Why Some Woman Deny the Existence of Pregnancy:
1. When there is no ground for them to become pregnant
2. Defense when accused of infanticide or abortion
3. Marriage inducement:
-a woman may deny the existence of pregnancy by another man, to induce the
man to marry her.

MEDICAL EVIDENCE FOR PREGNANCY
A. Presumptive or Probable Signs and Symptoms:
1. Cessation of Menstruation
2. Morning Sickness
3. Changes in the Breast
4. Progressive Enlargement of the Abdomen
5. Changes in the color of the vagina and softening of the cervix
6. Funic Souffle or Umbilical Souffle:
7. Ballottement
8. Braxton-Hicks Sign
9. Bladder Irritability
10. Capricious Appetite
11. Abnormality in Pigmentation
12. Easy Fatigability

B. Positive Signs and Symptoms of Pregnancy:
1. Hearing of the Fatal Heart Sounds (Mayors Sign)
2. Outlining of the Fatal Parts
3. Movement of the Fetus (Quickening)
4. X-ray Examination






Laboratory Test for Pregnancy:
A. Pregnancy Slide Test
Principle- an agglutination-inhibition reaction is used to demonstrate the hormone
human chorionic gonadotropin (HCG) which is excreted into the urine during
pregnancy. HCG which is chemically bound to latex particles is agglutinated by
HCG antibodies in the presence of free HCG; this reaction is inhibited because
the antibodies are neutralized.

B. Gravindex HCG Slide Test
The principle involved and procedure is practically the same as the Pregnancy
Slide Test. Gravendix is merely a trade name.

Signs of Pregnancy in the Dead:
1. Presence of Ovum or Fetus
2. Findings on the Uterus Itself
3. Corpus Luteum

Methods of Estimating the Date of Expected Delivery:
1. From the date of the first day of the last menstruation, add seven days and count three
months backwards.
2. Count forward nine calendar months from the date of the first day of the last
menstruation and add one week.
3. Count forty weeks or ten lunar months from the date of the first day of the last
menstruation.
4. Determination of the level of the fundus of the uterus
5. MacDonald Metod:
-measure the distance from the symphysis pubis up to the fundus of the uterus in
centimeters divided by 3.5 gives the age and month of gestation.
6. Date of the quickening. It is customary to count ahead 24 weeks in multigravidas and 22
weeks in primagravidas from the date of the quickening. This has been found not to be
reliable.






Proofs of Previous Pregnancy:
1. Laxity of the abdominal wall
2. Presence of striae of pregnancy on the abdominal wall
3. Perineum is lax with a scar if there was previous laceration. Four-chette is markedly
retracted
4. Vestige only of the hymen is present (caruncula myrtiformis)
5. Breast is lax with enlarged nipples
6. Vaginal examination shows previous laceration of the cervix

Diagnosis of Fetal Death:
The fetus inside the uterus must be presumed to be alive unless there are evidences to the
contrary. The following are proofs that the fetus is dead:
1. Repeated examination of the uterus shows that the size remains stationary even after a
lapse of a number of weeks and months
2. Endocrine test for pregnancy is negative on more than one occasion. Moreover, death of
the fetus may not mean death of placenta tissue which manufacture gonadotrophin. As
long as the placental tissue continues to manufacture the trophic hormone, it will be
positive in urine.
3. Cessation of the fetal movement after they have been felt
4. Absence of fetal heart sounds after a repeated and prolonged examination
5. Positive signs of fetal death as shown by the palpation softened macerated fetal head,
with bones freely movable on each other and the scalp hanging over a loose sac
6. The breasts ceased to enlarge and became soft and flabby

Can Impregnation Occur When the Woman is Unconscious?
This has been proven in many cases. A woman may be under the influence of
narcotics, alcohol, anesthesia or other knock-out drugs during the sexual
intercourse which resulted in her pregnancy.
When Does Menstruation Commence?
In the Philippines, menstruation used to commence at the age of twelve to
fourteen. In colder countries, it may be established at the age of fourteen to
sixteen.

When Does Menstruation Cease?
The average age when menstruation ceases is forty-five. However, there are
records in literature wherein women menstruate at the age of seventy-three. The
cessation of menstruation is also called climacterium or menopause.
What is the Earliest Age When Pregnancy is Possible?
As long as the woman is menstruating, she has also the potential capability of
being pregnant. Some women have preconscious sexual development. Anna
Mumenthaler menstruated regularly at the age of two, and give birth to a full term
child at the age of nine.

DELIVERY
Delivery- the process by which a woman gives birth to her offspring
Puerperium- the interval between the termination of labor (delivery) to the complete return of
the reproductive organ to its normal nonpregnant state. Puerperium usually lasts from 6-8 weeks.
The study of delivery is important because proof of delivery is necessary in
judicial action on the following:
1. Legitimacy
2. Abortion
3. Infanticide
4. Concealment of birth
5. In slander or libel

Methods of Delivery:
1. Natural Route:
a. Spontaneous
b. Surgical Intervention
c. Instrumentation
2. Surgical Route
a. Abdominal Caesarian Section
b. Vaginal Caesarian Section
c. Post-mortem Caesarian Section


A. SIGNS OF RECENT DELIVERY:
1. Languid look, with pulse and temperature slightly increased
2. Peculiar odor
3. Changes in the breast
4. Flaccidity of the abdominal wall
5. Linea Albicantes present in the abdominal wall
6. Presence of Linea Nigra
7. Uterus is enlarged and palpable
8. Laxity of the perineum with possible tear
9. Vaginal canal is lax and with possible lacerations
10. Cervix of the uterus is flabby, patulous and may be torn
11. Presence of lochial discharge
12. Evidence of placenta, umbilical cord and new-born child
13. Positive Pregnancy Slide Test
B. SIGNS OF REMOTE DELIVERY IN THE LIVING:
1. Changes in the breast
2. Vulva and perineum
3. Hymen
4. Signs of previous laceration of the cervix
5. Presence of striae of pregnancy or linea atrophica on the abdominal wall

POST-MORTEM FINDINGS IN A WOMAN WHO DIED RECENTLY AFTER
DELIVERY:
1. Findings in the uterus:
a. Laceration or contusion of the cervix
b. Uterus is enlarged and flabby
c. The inner surface of the uterus is bloody and rugged-looking
d. Dark color sloughy and gangrenous sinuses are evident at the endometrial lining at
the site of the former placenta
e. There is relative hypertrophy and increase in thickness of the uterine wall

2. Findings in the ovary:
-there is presence of corpus luteum

3. Findings in the other organs:
a. Hydremia of the blood
b. Slight anemia, depending upon the amount of hemorrhage in the delivery and
immediately thereafter
c. Congestion and hypertrophy of the milk glands of the breast

4. Pathology accountable for the cause of death:
a. Signs of eclampsia
b. Findings of endometritis, peritonitis, toxemia, etc.
c. Signs of cardiac, renal or pulmonary affection
d. Findings of rupture of the uterus
e. Signs of severe loss of blood during delivery