Art. 266-A. Rape, When and How Committed.

was already gaping with redness, or the hymenal tags were no longer visible. None was shown
Note: Art. 335 – When and How Rape is Committed, has been repealed by R.A. No. 8353, in this case.
otherwise known as “Anti-Rape Law of 1997”
Under Art. 6, in relation to Art. 335, of the Revised Penal Code (repealed by RA. No.
GR. No. 129433 | March 30, 2000 8353), rape is attempted when the offender commences the commission of rape directly by overt
People of the Philippines, plaintiff vs. acts, and does not perform all the acts of execution which should produce the crime of rape by
Primo Campuhan, accused 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; hence, the accused
Facts should be punished only for it.
 On 25 April 1996, at around 4p.m., Ma. Corazon Pamintuhan, the mother of four
year old Crysthel Pamintuhan, went down to the second floor of their house to WHEREFORE, the Decision of the court a quo finding accused PRIMO "SONNY"
prepare Milo chocolate drinks for her two children. CAMPUHAN Y BELLO guilty of statutory rape and sentencing him to death and to pay
 At the ground floor, she met Primo who was then filling small plastic bags with damages is MODIFIED. He is instead found guilty of ATTEMPTED RAPE and sentenced to
water to be frozen into ice in the freezer located at the second floor; Primo was an indeterminate prison term of eight (8) years four (4) months and ten (10) days of prision
the helper of Corazon’s brother; mayor medium as minimum, to fourteen (14) years ten (10) months and twenty (20) days of
 As Corazon was busy preparing the drinks, she heard one of her daughters cry reclusion temporal medium as maximum. Costs de oficio.
“Ayo’ko, ayo’ko!” prompting Corazon to rush upstairs;
 Thereupon, she saw Primo inside her children’s room kneeling before Chrysthel
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 Chrysthel’s vagina; She
cursed and boxed the accused several times; He evaded and pulled up his pants;
he pushed her when she tried to block his path; Corazon then run out for help;
Her brother, cousin and an uncle chased Primo and eventually held him at the
back of their compound until they decided to turn him over to the barangay
officials;
 Physical examination of the victim yielded negative results: No evident sign of
extra genital physical injury was noted by the medico-legal officer; Chrysthel’s
hymen was intact and her its orifice was only 0.5cm in diameter;
 In Primo’s defence, he maintained his innocence. He assailed the charge as a
mere scheme of Corazon who allegedly bore an ill will against him for his refusal
to run an errand. He says Chrysthel was in a playing mood and wanted to ride
his back when she suddenly pulled him down causing both of them fall to the
floor. it was in this fallen position when Corazon chance upon them
 The trial court convicted the accused of statutory rape, sentenced him the penalty
of death.

ISSUE/S of the CASE:

(a) Whether or not the acts of the accused constitute attempted or consummated
rape.

SUPREME COURT RULING

The court ruled that there are only two stages in rape attempted and consummated; it
held that rape was consummated from the moment the offender had carnal knowledge of the
victim since by it he attained his objective. Penis must have touched the labias or slid into the
female organ, not merely stroked the external surface thereof.

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 medico-legal finding of discoloration in the inner lips of the vagina, or the labia minora