PEOPLE VS.

CAMPUHAN
G.R. No. 129433 March 30, 2000
Ponente: Bellosillo, J.

FACTS:

April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old Crysthel Pamintuan,
went to the ground floor of their house to prepare Milo chocolate drinks for her 2
children. There she met Primo Campuhan, helper of Conrado Plata Jr., brother of Corazon,
who was then busy filling small plastic bagswith water to be frozen into ice in the freezer
located at the second floor.
Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went upstairs and saw Primo Campuhan
inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and
panty were already removed, while his short pants were down to his knees and his hands
holding his penis with his right hand.
Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and boxed him several times. He
evaded her blows and pulled up his pants. He pushed Corazon aside who she tried to block
his path. Corazon then ran out and shouted for help thus prompting Vicente, her brother, a
cousin and an uncle who were living within their compound, to chase the Campuhan who was
apprehended. They called the barangay officials who detained.
Physical examination yielded negative results as Crysthel s hymen was intact. No evident sign
of extra-genital physical injury was noted by the medico legal officer on victim's body as her
hymen was intact and its orifice was only 0.5 cm in diameter.
Campuhan: Crysthel was in a playing mood and wanted to ride on his back when she suddenly
pulled him down causing both of them to fall down on the floor. It was that fallen position which
the mother of the victim saw.
RTC: guilty of statutory rape, sentenced him to the extreme penalty of death with moral and
exemplary damages
Thus, subject to automatic review

ISSUE: Whether or not the act of Primo was consummated rape

HELD: NO. MODIFIED. Guilty of ATTEMPTED RAPE and sentenced to an indeterminate prison term
of 8 years 4 months and 10 days of prision mayor medium as minimum, to 14 years 10 months and
20 days of reclusion temporal medium as maximum. Costs de oficio.

People v. De la Pea: labia majora must be entered for rape to be consummated
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
Primo's kneeling position rendered an unbridled observation impossible
Crysthel made a categorical statement denying penetration but her vocabulary is yet as
underdeveloped
Corazon narrated that Primo had to hold his penis with his right hand, thus showing that he
had yet to attain an erection to be able to penetrate his victim
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 and that 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!
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)
Attempted no penetration or didnt reach labia/mere grazing of surface
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.