BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M.

CABOTAJE-TANG

[G.R. No. 129433. March 30, 2000] Campuhan had only himself for a witness in
PEOPLE OF THE PHILIPPINES, plaintiff vs. his defense. He maintained his innocence and
PRIMO CAMPUHAN Y BELLO, accused assailed the charge as a mere scheme of
Crysthel's mother who allegedly harbored ill will
against him for his refusal to run an errand for
This is an appeal from the conviction of her. He asserted that in truth Crysthel was in a
appellant, Campuhan who was charged with the playing mood and wanted to ride on his back
crime of consummated rape and death. when she suddenly pulled him down causing
them to fall on the floor. It was in this fallen
FACTS position that she saw them. Corazon got
hysterical and accused him of raping her child.
On April 25, 1996 at around 4:00 PM, Ma.
Corazon Pamintuan, mother of four year old Although Campuhan insisted on his
Crysthel Pamintuan, went down from the second innocence, the trial court found him guilty of
floor of their house to prepare Milo chocolate statutory rape and sentenced him to the
drink for her two children. At the ground floor extreme penalty of death, and ordered him to
she met Primo Campuhan who was then busy pay his victim P50,000 for moral damages and
filling plastic bags with water to be frozen into P25,000 for exemplary damages, and the costs.
ice in the freezer at the second floor. Campuhan
was a helper of Corazon’s brother. As Corazon Since Campuhan was found guilty of
was busy preparing the drinks, she heard one of statutory rape and sentenced by the court to
her daughters cry, "Ayo'ko, ayo'ko!" prompting the extreme penalty of death, this case was
Corazon to rush upstairs. There, she saw forwarded for automatic review of the
Campuhan inside her children's room kneeling Supreme Court under Art. 335 of the Revised
before Crysthel whose pajamas and panty were Penal Code.
already removed, while his short pants were
down to his knees. ISSUE Whether the crime to be charged was a
consummated or attempted rape
According to Corazon, Campuhan was forcing
his penis into Crysthel's vagina. Horrified, she RULING Primo was convicted of only attempted
cursed and slapped him several times. He evaded rape on appeal to the Supreme Court, the trial
her blows and pulled up his pants. He pushed court’s decision of consummated rape was
Corazon aside when she tried to block his path. overturned.
Corazon then ran out and shouted for help thus
prompting her brother, a cousin and an uncle to In convicting the accused, the trial court relied
chase the accused. Campuhan was quite heavily on the testimony of Corazon that
apprehended, they held him at the back of their she saw Campuhan with his shorts down to his
compound until they were advised by their knees kneeling before Crysthel whose pajamas
neighbors to call the barangay officials instead of and panty were supposedly "already removed"
detaining him for his misdeed. and that he was "forcing his penis into Crysthel's
vagina.”
Physical examination of the victim yielded
negative results. No evident sign of extra-genital A review of the records clearly discloses that
physical injury was noted by the medico-legal the prosecution failed to fulfill its obligation of
officer on Crysthel's body as her hymen was proving that Campuhan’s penis was able to
intact and its orifice was shallow. penetrate Crysthel's vagina however slight, for
the sentence of consummated rape to be carried
out. There was serious doubt on the legitimacy
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M. CABOTAJE-TANG

of Corazon’s claim that she saw the inter-genital determine that penetration had taken place. She
contact between Campuhan and Crysthel, based clarified that there was no medical basis to hold
off her stated facts of how the accused and the that there was sexual contact between the
victim were positioned at the time and on her accused and the victim.
position upon entering the room.
In cases of rape where there is a positive
The prosecution failed to conclude without testimony and a medical certificate, both should
any taint of doubt that inter-genital contact was complement each other. Otherwise, to rely on
at all achieved. To hold otherwise would be to the testimonial evidence alone, disregarding its
resolve the doubt in favor of the prosecution but variance with the medical certificate would be
to disregard the constitutional right of the erroneous. It is necessary to carefully ascertain
accused to be presumed innocent. whether the penis in reality entered the labial
threshold of the female organ to accurately
In strengthening her defense, Corazon conclude that rape was consummated. Failing to
insisted that she personally witnessed the crime prove this negates a crime of consummated
because he did not restrain himself from rape.
pursuing his wicked intention despite her timely
appearance. Thus, only all the elements of attempted rape
are present in this case, hence, the accused
The Supreme Court was not persuaded. It is should be punished only for it.
inconsistent with man's instinct of self-
preservation to remain where he is and persist in Hence, the decision of the trial court is
satisfying his lust even when he knows fully well MODIFIED. Campuhan is instead found guilty of
that his despicable acts have already been ATTEMPTED RAPE and sentenced to an
discovered or witnessed by no less than the indeterminate prison term of eight (8) years four
mother of his victim. (4) months and ten (10) days of prision mayor
medium as minimum, to fourteen (14) years ten
Upon questioning, Crysthel affirmed that (10) months and twenty (20) days of reclusion
Campuhan has touched her genitalia but did not temporal medium as maximum. Costs de oficio.
penetrate her vagina. However, it is taken to
account that she does not clearly know yet the RATIO DECIDENCI
distinctions between touching and penetration.
But true to her statement, the possibility of Under Article 6, in relation to Article 335, of
Campuhan's penis having breached Crysthel's the Revised Penal Code, rape is attempted when
vagina is challenged by the child's own assertion the offender initiates the commission of rape
that she resisted his advances by putting her legs directly by overt acts and does not perform all
close together. Consequently, she did not feel the acts of execution which should produce the
any pain but just felt "not happy" about what he crime of rape by reason of some cause or
did to her. accident other than his own spontaneous
desistance.
Thus, we must conclude that even on the
basis of the testimony of Crysthel alone, the
accused cannot be held liable for consummated
rape; or worse, be sentenced to death.

In support of this, is the medico legal officer's