CASE DIGEST ON PEOPLE v.

CAMPUHAN [March 30, 2000]

November 10, 2010 Facts: Primo Campuhan was accused of raping four year old Crysthel Pamintuan. Campuhan was caught by childs mother on April 25, 1996 at around 4pm in their house. Campuhan, helper of Corazons brother was allegedly kneeling in front of the child with both their pants downa dn child was crying ayoko, ayoko while Primo forced his penis into childs vagina Issue: WON crime is rape? Held: No. Modified to attempted rape 1. Consummated rape: perfect penetration not essential. Slight penetration is equivalent to rape. Mere touching of external genitalia considered when its an essential part of penetration not just touching in ordinary sense (People v. Orita). Labia majora must be entered for rape to be consummated (People v. Escober) 2. Attempted no penetration or didnt reach labia/mere grazing of surface 3. Failed to prove that penetration occurred. Mothers testimony questionable with regards to her position relative to Primo and child. They failed to establish how she could have seen actual contact in her position 4. Mans instinct is to run when caught. Primo could not have stayed or to satisfy his lust even if .. seeing Corazon 5. Child denied penetration occurred 6. People v. Villamor consummation even when penetration doubted: pains felt, discoloration of inner lips of vagina or red labia minora or hymenal tags not visible. Now seen in case, Medico legal officer, though penetration not needed to prove contact, no medical basis to hold that there was sexual contact. Hymen intact.