PEOPLE V. CAMPUHAN RPC.

  Consummated, frustrated,
Stages of Commission; Specific Felonies; Rape
SUMMARY:
In this case, Primo Campuhan y Bello was fo und 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!” 
ayoko!”  which prompted her to rush upstairs
where she saw Primo Campuhan inside her children’ children ’s
room kneeling before Crysthel whose pyjamas and panty
Date: March 30, 2000
Ponente: Bellosillo, J 
  Physical examination of the victim yielded
negative results: No evident sign of extra genital
physical injury was noted by the medico-legal
officer; Crysthel’s
Crysthel’s hymen was
was intact and her its
orifice was only 0.5cm in diameter.
  innocence .
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 Crysthel
Article 6, RPC. 
and attempted felonies. 
felonies.  - Consummated
felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all
the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason
of causes independent of the will of the
perpetrator.
There is an attempt when the offender

were already removed, while his short pants were down
to his knees. The accused assails the validity of Corazon’
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’
child’s vagina.
ISSUES:
Whether or not the accused is guilty of consummated
rape – NO, the accused is only guilty of attempted rape.
FACTS:
 th
  On the 25   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’ 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!” 
ayoko!”  which prompted
her to rush upstairs where she saw Primo inside
her children’
children’s room kneeling before Crysthel
whose pyjamas and panty were already removed
while his short pants were down to his knees.
commences the commission of a felony
was in a playing mood and wanted to ride his
directly or over acts, and does not perform
back when she suddenly pulled him down
causing both of them fall to the floor. It was in all the acts of execution which should
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
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
it.  We ruled then that
crime and accomplish it. 
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
touching
simply grazed the vagina but had touched the
labias (minora or majora) or slid into the female
organ (not just the mons pubis)
pubis)
  Art. 6, in relation to Art. 335, of the Revi sed Penal RULING:  
RULING: RAPE AND ACTS OF LASCIVIOUSNESS, RPC  RPC  
Code, rape is attempted when the offender 335. When and how rape is
Article 335. 
commences the commission of rape directly by WHEREFORE, the Decision of the court a quo finding committed. -
committed.  - Rape is committed by having
carnal knowledge of a woman under any
overt acts, and does not perform all the acts of “SONNY ” CAMPUHAN Y BELLO guilty of
accused PRIMO “SONNY 
of the following circumstances:
execution which should produce the crime of statutory rape and sentencing him to death and to pay 1. By using force or intimidation;
rape by reason of some cause or accident other damages is MODIFIED. He is instead found guilty of 2. When the woman is deprived
desistance .
than his own spontaneous desistance. TED RAPE   and sentenced to an indeterminate
 ATTEMPTED
 ATTEMP of reason or otherwise

 prison term of eight (8) years four (4) months and ten (10)
(10) unconscious; and
3. When the woman is under
All the elements of attempted rape—and only of days of prision mayor medium as minimum, to fourteen twelve years of age, even though
attempted rape—are present in the instant case: (14) years ten (10) months and twenty (20) days of neither of the circumstances
  The prosecution failed to discharge its onus reclusion temporal medium as maximum. Costs de oficio. mentioned in the two next
SO ORDERED. preceding paragraphs shall be
of proving that Primo’
Primo ’s penis was able to
present.
penetrate (or touch
touch)) Crysthel’
Crysthel’s vagina The crime of rape shall be punished by
however slight. reclusion perpetua.
o  Corazon could not have possibly Whenever the crime of rape is committed
ascertained that Primo’
Primo’s penis with the use of a deadly weapon or by two
or more persons, the penalty shall be
penetrated Crysthel’s
Crysthel’ vagina
reclusion perpetua to death.
because of his alleged kneeling When by reason or on the occasion of the
position was out of Corazon’
Corazon’s rape, the victim has become insane, the
vantage point. 
point.  penalty shall be death.
o 
When rape is attempted or frustrated and
The victim, Crysthel, also
a homicide is committed by reason or on
categorically denied penetration, the occasion thereof, the penalty shall be
she only stated that she was “not likewise death.
happy”” about what Primo did to her.
happy When by reason or on the occasion of the
Also, her statement that she pressed rape, a homicide is committed, the penalty
shall be death. (As amended by R.A. 2632,
her legs closed together belies the
approved June 18, 1960, and R.A. 4111,
assertion that Primo was able to approved June 20, 1964).
penetrate her. 
her. 
o   In cases where penetration was not
fully established, the Court had
anchored its conclusion that rape
nevertheless was consummated on
victim’s  testimony that she felt
the victim’s 
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.