People vs.

Campuhan GR 129433
FACTS:
Pamintuan, mother of Chrystel, she was busy preparing her children’s drinks, she heard one of
her daughter’s crying, “Ayoko, Ayoko” prompting her to rush upstairs. She saw Pamintuan
inside her children’s room kneeling before Chrystel, 4 years old, whose pajamas or jogging
pants and panty were already removed, while his short pants were down to his knees.
According to Pamintuan, Campuhan was forcing his penis into Chrystel’s vagina.

Physical examination of the victim yielded negative results. No evident sign of extra-genital
physical injury was noted by the medico legal officer on Chrystel’s body as her hymen was
intact and its orifice was only 0.5 cm in diameter.

RTC:
The trial court convicted Campuhan for statutory rape and sentenced him to death. The court
relied on the testimony of Corazon.

ISSUE:
Whether the crime committed is consummated or attempted?\

RULING:
The ruling has been modified and found Campuhan guilty of attempted rape.

Under Art. 6, in relation to Art. 335 of the RPC, rape is attempted when the offender
commences the commission of rape directly by overt acts and does not perform all the acts of
execution which produce the crime of rape by reason of some cause or accident other than his
spontaneous desistance. All the elements of attempted rape – and only of attempted rape – are
present in this case, hence, the accused should be punished only for it.

The gravamen of the offense of statutory rape is carnal knowledge of a woman below 12 years
old, as provided in Art. 335 par. 3 of the RPC. Chrystel was only 4 yrs old when sexually
molested, thus reclusion perpetua to death. Under RA 7659, sec. 11, the offended party being
below seven years old.

In this case, the prosecution failed to prove that Campuhan’s penis penetrate Chrystel’s vagina.
Corazon’s statements was unsupported by the fact that the former could not possibly see the
actual penetration given the obstruction of Campuhan. Chrystel responded in the negative when
asked if there was a penetration. The medigo legal officer attested that there was no medical
basis to establish that there was a penetration.