041. People v.

Campuhan

G.R. No. 129433/30 March 2000/En Banc/Automatic Review by SC

People of the Philippines petitioner
Primo Campuhan respondent
Decision by J. Belosillo, Digest by Angelo Zantua

Short Version: The Supreme Court held that Primo was only guilty of attempted
rape.
The decision in People v Orita was reiterated in this case. There is consummated
rape when all the elements of the offense were already present and nothing more
was left for the offender to do, having performed all the acts necessary to produce
the crime and accomplish it. Perfect penetration was not essential. Any slight
penetration of the female organ, even without rupture of the hymen or laceration of
the vagina, is consummated rape.
Attempted rape there is no penetration of the female organ because not all acts of
execution were performed as the offender merely commenced the commission of a
felony directly by overt acts.
However, the touching of the organs must be in relation to, or as an essential part
of, the process of penetration, and not just mere touching in the ordinary sense.
Where entry into the labia or the lips of the female genitalia has not been
established, there is only attempted rape.

Facts:
25 April 1996 at around 4pm, Ma. Corazon, mother of 4-year old Crysthel, went
down from the second floor of their house to prepare chocolate drinks for her 2
children. She met her brothers helper, Primo, who was preparing the small plastic
bags filled with water to placed in the freezer upstairs. Corazon rushed upstairs
after hearing one of her daughters cry, "Ayo'ko, ayo'ko!"
She then saw Primo inside her children's room kneeling before Crysthel whose
underwear was already removed, while Primos short pants were down to his knees.
As per Corazon, Primo was forcing his penis into Crysthel's vagina. She cursed the
accused and boxed him several times. Primo was able to flee the house but was
later caught.
As per the physical examination of Crysthel, there was no evident sign of extra-
genital physical injury; her hymen was intact and its orifice was only 0.5 cm. in
diameter.
Primos defense was that Crysthel wanted to ride on his back when they fell down
on the floor. When Corazon saw them at this state, she accused him of raping
Crysthel.
27 May 1997 - Primo Campuhan was found guilty of statutory rape and sentenced to
death; hence the automatic review under Art. 335 of the RPC as amended by RA
7659.

Issue: WON Primos acts constitute attempted rape or consummated rape?

Attempted rape.
Ruling: RTC Decision modified into attempted rape.

Ratio: Reasons for holding that it is attempted rape rather than consummated:
When Primo was caught with his pants down, the normal reaction would be to pull
up his pants. This was more than enough opportunity to stop or even conceal his
evil act. Crysthel testified that she resisted the sexual advances by putting her legs
close together. Corazon also testified that Primo has not yet achieved erection when
she saw him.The medico-legal officer found that there was no medical basis to hold
that there was sexual contact.

Voting: Davide, Jr., C.J., Melo, Puno, Vitug, Kapunan, Mendoza, Quisumbing,
Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ.,
concur.
Panganiban, J., in the result.