PEOPLE OF THE PHILIPPINES vs. PRIMO CAMPUHAN G.R. No.

129433 EN BANC March 30, 2000

Facts:Accused-appellant Primo Campuhan was convicted of the crime of statutory rape and was sentenced to the extreme penalty of death. In this appeal, accused assailed the credibility of the victim's mother, Ma. Corazon Pamintuan. He argued that her narration should not be given any weight or credence since it was punctured with implausible statements and improbabilities so inconsistent with human nature and experience. Primo insisted that it was almost inconceivable that Corazon could give such a vivid description of the alleged sexual contact when from where she stood she could not have possibly seen the alleged touching of the sexual organs of the accused and his victim. Issue: Whether or not the rape was consummated. Held: The Supreme Court modified the judgment of the trial court by finding accused-appellant guilty only of attempted rape. The possibility of Primo's penis having breached Crysthel's vagina is belied by the child's own assertion that she resisted Primo's advances by putting her legs close together; consequently, she did not feel any intense pain but just felt "not happy" about what Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!" not "Aray ko, aray ko!" In cases where penetration was not fully established, the Court had anchored its conclusion that rape nevertheless was consummated on the victim's testimony that she felt pain, or the medico-legal finding of discoloration in the inner lips of the vagina, or the labia minorawas already gaping with redness, or the hymenal tags were no longer visible. None was shown in the present case. Although a child's testimony must be received with due consideration on account of her tender age, the Court endeavored at the same time to harness only what in her story appeared to be true, acutely aware of the equally guaranteed rights of the accused. Thus, the Court concluded that even on the basis of the testimony of Crysthel alone the accused cannot be held liable for consummated rape; worse, be sentenced to death. He was held liable only for attempted rape.