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.