PEOPLE V. CAMPUHAN
Consummated, frustrated,
Stages of Commission; Specific Felonies; Rape
SUMMARY:
In this case, Primo Campuhan y Bello was found guilty of
statutory rape and sentenced by the court a quo to the
extreme penalty of death hence the appeal. The crime
occurred one night when Corazon P. Pamintuan, mother
of the four-year-old victim, heard one of her daughters
cry “Ayoko, ayoko!” which prompted her to rush upstairs
where she saw Primo Campuhan inside her children’s
room kneeling before Crysthel whose pyjamas and panty
were already removed, while his short pants were down
to his knees. The accused assails the validity of Corazon’s
testimony, insisting that it was a made-up story coming
from her ill will towards him. Corazon contends that she
herself saw the beastly act committed by Primo, and that
she saw him forcing his penis into her child’s vagina.
ISSUES:
Whether or not the accused is guilty of consummated
rape – NO, the accused is only guilty of attempted rape.
FACTS:
 On the 25th of April, 1996, Ma. Corazon
Pamintuhan went down to prepare Milo
chocolate drinks for her children where she met
Primo Campuhan, the helper of Corazon’s
brother, who was then filling small plastic bags
with water to be frozen into ice in the freezer
located at the second floor.
 While preparing the drinks, she heard one of her
daughters cry, “Ayoko, ayoko!” which prompted
her to rush upstairs where she saw Primo inside
her children’s room kneeling before Crysthel
whose pyjamas and panty were already removed
while his short pants were down to his knees.
Article 6, RPC.
and attempted felonies. - Consummated
Date: March 30, 2000 felonies as well as those which are
Ponente: Bellosillo, J frustrated and attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
 Physical examination of the victim yielded
accomplishment are present; and it is
negative results: No evident sign of extra genital frustrated when the offender performs all
physical injury was noted by the medico-legal the acts of execution which would produce
officer; Crysthel’s hymen was intact and her its the felony as a consequence but which,
orifice was only 0.5cm in diameter. nevertheless, do not produce it by reason
 In Primo’s defence, he maintained his innocence. of causes independent of the will of the
He assailed the charge as a mere scheme of perpetrator.
Corazon who allegedly bore an ill will against him
for his refusal to run an errand. He says Crysthel There is an attempt when the offender
was in a playing mood and wanted to ride his commences the commission of a felony
directly or over acts, and does not perform
back when she suddenly pulled him down
all the acts of execution which should
causing both of them fall to the floor. It was in
produce the felony by reason of some
this fallen position when Corazon chance upon
cause or accident other than this own
them. spontaneous desistance.
HOLDING:
Distinction between consummated and attempted rape:
 In People v. Orita the Court held that rape was
consummated from the moment the offender
had carnal knowledge of the victim since by it
he attained his objective. 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. We ruled then that
perfect penetration was not essential; any
penetration of the female organ by the male
organ, however slight, was sufficient. By
touching, it had to be that the penis had not
simply grazed the vagina but had touched the
labias (minora or majora) or slid into the female
organ (not just the mons pubis)
 Art. 6, in relation to Art. 335, of the Revised Penal
Code, 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 or accident other
than his own spontaneous desistance.
All the elements of attempted rape—and only of
attempted rape—are present in the instant case:
 The prosecution failed to discharge its onus
of proving that Primo’s penis was able to
penetrate (or touch) Crysthel’s vagina
however slight.
o Corazon could not have possibly
ascertained that Primo’s penis
penetrated Crysthel’s vagina
because of his alleged kneeling
position was out of Corazon’s
vantage point.
o The victim, Crysthel, also
categorically denied penetration,
she only stated that she was “not
happy” about what Primo did to her.
Also, her statement that she pressed
her legs closed together belies the
assertion that Primo was able to
penetrate her.
o In cases where penetration was not
fully established, the Court had
anchored its conclusion that rape
nevertheless was consummated on
the victim’s testimony that she felt
pain, or the medicolegal finding of
discoloration in the inner lips of the
vagina, or the labia minora was
already gaping with redness, or the
hymenal tags were no longer visible.
None was shown in this case.
RULING:
WHEREFORE, the Decision of the court a quo finding
accused PRIMO “SONNY” CAMPUHAN Y BELLO guilty of
statutory rape and sentencing him to death and to pay
damages is MODIFIED. He 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.
SO ORDERED.
RAPE AND ACTS OF LASCIVIOUSNESS, RPC
Article 335. When and how rape is
committed. - Rape is committed by having
carnal knowledge of a woman under any
of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived
of reason or otherwise
unconscious; and
3. When the woman is under
twelve years of age, even though
neither of the circumstances
mentioned in the two next
preceding paragraphs shall be
present.
The crime of rape shall be punished by
reclusion perpetua.
Whenever the crime of rape is committed
with the use of a deadly weapon or by two
or more persons, the penalty shall be
reclusion perpetua to death.
When by reason or on the occasion of the
rape, the victim has become insane, the
penalty shall be death.
When rape is attempted or frustrated and
a homicide is committed by reason or on
the occasion thereof, the penalty shall be
likewise death.
When by reason or on the occasion of the
rape, a homicide is committed, the penalty
shall be death. (As amended by R.A. 2632,
approved June 18, 1960, and R.A. 4111,
approved June 20, 1964).