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VIII.

RAPE

People of the Philippines v Primo Campuhan y Bello


GR No. 129433, 30 March 2000

Nature: Automatic Review of a decision of the RTC of Malabon


Ponente: Bellosillo, J.
Facts:
Corazon Pamintuan, mother of 4y/o victim, heard her daughter’s cry
prompting her to rush upstairs. She saw the accused inside the children’s room
kneeling, with his pants down, before the child whose pajamas and panty were
already removed.
Primo Campuhan was found guilty of statutory rape and sentenced by the
court to penalty of death.

Issues:
Whether or not the trial court erred in relying heavily on testimony of
Corazon

Held:
Yes

Ruling:
In People v Orita, Supreme Court held that rape was consummated from
moment offender had carnal knowledge of the victim since by it he attained his
objective. All 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
penetration of female organ by male organ, however slight, is sufficient. Further,
entry of the labia even without rupture of the hymen or laceration of the vagina
was sufficient to warrant conviction for consummated 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 should produce the crime of rape by
reason of some cause of accident other than his own spontaneous desistance.
In cases of rape where there is a positive testimony and a medical certificate,
both should in all respects complement each other.
On the basis of testimony of Crysthel, accused cannot be held liable for
consummated rape, worse be sentenced to death. The medical findings showed
no external signs of physical injuries on Crysthel to conclude from medical
perspective that penetration had taken place. Hence no medical basis to hold
there was sexual contact between accused and victim. The case at bar is only of
attempted rape. Hence, accused should be punished only for it.