PEOPLE vs. CAMPUHAN (Criminal Law Review 1)

G.R. No. 129433             March 30, 2000

PEOPLE OF THE PHILIPPINES, plaintiff,

vs.

PRIMO CAMPUHAN Y BELLO accused.

FACTS:

Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare Milo chocolate drinks for her two (2) children. At the ground floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" 7 prompting Corazon to rush upstairs. Thereupon, she 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.

According to Corazon, Primo was forcing his penis into Crysthel's vagina. Horrified, she cursed the accused, "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 when she tried to block his path. Corazon then ran out and shouted for help. Seconds later, Primo was apprehended by those who answered Corazon's call for help. Physical examination of the victim yielded negative results. No evident sign of extra-genital physical injury was noted by the medico-legal officer on Crysthel's body as her hymen was intact and its orifice was only 0.5 cm. in diameter.

The accused kept his innocence and contested that Pamintuan’s statements were not credible for the latter has ill will against him.

RTC found him guilty of statutory rape, sentenced him to the extreme penalty of death. Thus, subject to automatic review

ISSUE:

Whether the accused committed a consummated statutory rape.

RULING:

No, The records reviewed failed to show the proof whether Primo’s penis was able to penetrate Chrystel’s vagina. Failure to prove such penetration, even the slightest one, cannot be considered consummated rape, however, only attempted rape, if not acts of lasciviousness. Also, there were no physical signs of injuries on the witness’ body to conclude a medical perspective that a penetration has taken place. In rape cases, it is important that a valid testimony and medical certificate complements each other, for relying alone on testimonial evidence may create unwarranted or mischievous results. It is necessary to carefully establish a proof that the penis, in reality, entered the labial threshold of the female organ to accurately conclude that the rape was consummated. 

WHEREFORE, the decision of the court on convicting Campuhan guilty of statutory rape is MODIFIED. Hence, convicted of ATTEMPTED RAPE instead.