BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1
CABOTAJE-TANG
[G.R. No. 129433. March 30, 2000]
PEOPLE OF THE PHILIPPINES, plaintiff vs.
PRIMO CAMPUHAN Y BELLO, accused
This is an appeal from the conviction of
appellant, Campuhan who was charged with the
crime of consummated rape and death.
FACTS
On April 25, 1996 at around 4:00 PM, Ma.
Corazon Pamintuan, mother of four year old
Crysthel Pamintuan, went down from the second
floor of their house to prepare Milo chocolate
drink for her two children. At the ground floor
she met Primo Campuhan who was then busy
filling plastic bags with water to be frozen into
ice in the freezer at the second floor. Campuhan
was a helper of Corazon’s brother. As Corazon
was busy preparing the drinks, she heard one of
her daughters cry, "Ayo'ko, ayo'ko!" prompting
Corazon to rush upstairs. There, she saw
Campuhan inside her children's room kneeling
before Crysthel whose pajamas and panty were
already removed, while his short pants were
down to his knees.
According to Corazon, Campuhan was forcing
his penis into Crysthel's vagina. Horrified, she
cursed and slapped 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 thus
prompting her brother, a cousin and an uncle to
chase the accused. Campuhan was
apprehended, they held him at the back of their
compound until they were advised by their
neighbors to call the barangay officials instead of
detaining him for his misdeed.
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 shallow.
JUSTICE AMPARO M.
Campuhan had only himself for a witness in
his defense. He maintained his innocence and
assailed the charge as a mere scheme of
Crysthel's mother who allegedly harbored ill will
against him for his refusal to run an errand for
her. He asserted that in truth Crysthel was in a
playing mood and wanted to ride on his back
when she suddenly pulled him down causing
them to fall on the floor. It was in this fallen
position that she saw them. Corazon got
hysterical and accused him of raping her child.
Although Campuhan insisted on his
innocence, the trial court found him guilty of
statutory rape and sentenced him to the
extreme penalty of death, and ordered him to
pay his victim P50,000 for moral damages and
P25,000 for exemplary damages, and the costs.
Since Campuhan was found guilty of
statutory rape and sentenced by the court to
the extreme penalty of death, this case was
forwarded for automatic review of the
Supreme Court under Art. 335 of the Revised
Penal Code.
ISSUE Whether the crime to be charged was a
consummated or attempted rape
RULING Primo was convicted of only attempted
rape on appeal to the Supreme Court, the trial
court’s decision of consummated rape was
overturned.
In convicting the accused, the trial court relied
quite heavily on the testimony of Corazon that
she saw Campuhan with his shorts down to his
knees kneeling before Crysthel whose pajamas
and panty were supposedly "already removed"
and that he was "forcing his penis into Crysthel's
vagina.”
A review of the records clearly discloses that
the prosecution failed to fulfill its obligation of
proving that Campuhan’s penis was able to
penetrate Crysthel's vagina however slight, for
the sentence of consummated rape to be carried
out. There was serious doubt on the legitimacy
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1
of Corazon’s claim that she saw the inter-genital
contact between Campuhan and Crysthel, based
off her stated facts of how the accused and the
victim were positioned at the time and on her
position upon entering the room.
The prosecution failed to conclude without
any taint of doubt that inter-genital contact was
at all achieved. To hold otherwise would be to
resolve the doubt in favor of the prosecution but
to disregard the constitutional right of the
accused to be presumed innocent.
In strengthening her defense, Corazon
insisted that she personally witnessed the crime
because he did not restrain himself from
pursuing his wicked intention despite her timely
appearance.
The Supreme Court was not persuaded. It is
inconsistent with man's instinct of self-
preservation to remain where he is and persist in
satisfying his lust even when he knows fully well
that his despicable acts have already been
discovered or witnessed by no less than the
mother of his victim.
Upon questioning, Crysthel affirmed that
Campuhan has touched her genitalia but did not
penetrate her vagina. However, it is taken to
account that she does not clearly know yet the
distinctions between touching and penetration.
But true to her statement, the possibility of
Campuhan's penis having breached Crysthel's
vagina is challenged by the child's own assertion
that she resisted his advances by putting her legs
close together. Consequently, she did not feel
any pain but just felt "not happy" about what he
did to her.
Thus, we must conclude that even on the
basis of the testimony of Crysthel alone, the
accused cannot be held liable for consummated
rape; or worse, be sentenced to death.
In support of this, is the medico legal officer's
finding that there were no external signs of
physical injuries on complaining witness' body to
JUSTICE AMPARO M. CABOTAJE-TANG
determine that penetration had taken place. She
clarified that there was no medical basis to hold
that there was sexual contact between the
accused and the victim.
In cases of rape where there is a positive
testimony and a medical certificate, both should
complement each other. Otherwise, to rely on
the testimonial evidence alone, disregarding its
variance with the medical certificate would be
erroneous. It is necessary to carefully ascertain
whether the penis in reality entered the labial
threshold of the female organ to accurately
conclude that rape was consummated. Failing to
prove this negates a crime of consummated
rape.
Thus, only all the elements of attempted rape
are present in this case, hence, the accused
should be punished only for it.
Hence, the decision of the trial court is
MODIFIED. Campuhan is instead found guilty of
ATTEMPTED RAPE and sentenced to an
indeterminate prison term of eight (8) years four
(4) months and ten (10) days of prision mayor
medium as minimum, to fourteen (14) years ten
(10) months and twenty (20) days of reclusion
temporal medium as maximum. Costs de oficio.
RATIO DECIDENCI
Under Article 6, in relation to Article 335, of
the Revised Penal Code, rape is attempted when
the offender initiates the commission of rape
directly by overt acts and does not perform all
the acts of execution which should produce the
crime of rape by reason of some cause or
accident other than his own spontaneous
desistance.