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    People Vs Campuhan, 329 SCRA 270

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    The Supreme Court found Primo Campuhan guilty of attempted rape rather than statutory rape. While Campuhan was found kneeling over the victim with her clothes removed, the physical examination found the victim's hymen intact with no signs of penetration or injury. For statutory rape, carnal knowledge through penetration must be proven. However, the elements of attempted rape were met through Campuhan's overt acts of removing the victim's clothes, even without penetration. The penalty for attempted rape is lower than for statutory rape. The Court also clarified there is no crime of "frustrated rape" in Philippine law.

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    People Vs Campuhan, 329 SCRA 270

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    Name Toom
    75 views2 pages
    The Supreme Court found Primo Campuhan guilty of attempted rape rather than statutory rape. While Campuhan was found kneeling over the victim with her clothes removed, the physical examination found the victim's hymen intact with no signs of penetration or injury. For statutory rape, carnal knowledge through penetration must be proven. However, the elements of attempted rape were met through Campuhan's overt acts of removing the victim's clothes, even without penetration. The penalty for attempted rape is lower than for statutory rape. The Court also clarified there is no crime of "frustrated rape" in Philippine law.

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    329 SCRA 270

    Original Title

    16. People vs Campuhan, 329 SCRA 270

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    The Supreme Court found Primo Campuhan guilty of attempted rape rather than statutory rape. While Campuhan was found kneeling over the victim with her clothes removed, the physical examination found the victim's hymen intact with no signs of penetration or injury. For statutory rape, carnal knowledge through penetration must be proven. However, the elements of attempted rape were met through Campuhan's overt acts of removing the victim's clothes, even without penetration. The penalty for attempted rape is lower than for statutory rape. The Court also clarified there is no crime of "frustrated rape" in Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views2 pages

    People Vs Campuhan, 329 SCRA 270

    Uploaded by

    Name Toom
    The Supreme Court found Primo Campuhan guilty of attempted rape rather than statutory rape. While Campuhan was found kneeling over the victim with her clothes removed, the physical examination found the victim's hymen intact with no signs of penetration or injury. For statutory rape, carnal knowledge through penetration must be proven. However, the elements of attempted rape were met through Campuhan's overt acts of removing the victim's clothes, even without penetration. The penalty for attempted rape is lower than for statutory rape. The Court also clarified there is no crime of "frustrated rape" in Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    [G.R. No. 129433.

    March 30, 2000]


    PEOPLE OF THE PHILIPPINES, plaintiff,
    vs.
    PRIMO CAMPUHAN Y BELLO, accused.
    Facts:
    Campuhan was a helper in the business of the family of the victim, a 4-year-old girl. One time,
    the mother of the victim heard the latter cry, “Ayoko!”, prompting her to rush upstairs. There,
    she saw Campuhan kneeling before the victim, whose pajamas and pany were already
    removed, while his short pants were down to his knees. Campuhan was apprehended.
    Physical examination of the victim yielded negative results. No evident sign of extra-genital
    physical injury was noted. Her hymen was intact and its orifice was only .5 cm in diameter.

    Trial court found him guilty of statutory rape and sentenced him to death.

    Issue:
    Whether or not Campuhan is guilty of statutory rape.

    Held: NO.
    The gravamen of the offense of statutory rape is carnal knowledge of woman below 12 as
    provided in RPC 335(3). The victim was only 4 years old when the molestation took place, thus
    raising the penalty from “reclusion perpetua to death” to the single indivisible penalty of death
    under RA 7659 Sec. 11, the offended party being below 7 years old. In concluding that carnal
    knowledge took place, full penetration of the vaginal orifice is not an essential ingredient, nor is
    the rupture of hymen necessary; the mere touching of external genitalia by the penis capable
    of consummating the sexual act is sufficient to constitute carnal knowledge. But the act of
    touching should be understood as inherently part of the entry of penis into the labias of the
    female organ, and not mere touching alone of the mons pubis or the pudendum (the part
    instantly visible within the surface).

    Absent any showing of the slightest penetration of the female organ, i.e., touching of either
    labia by the penis, there can be no consummated rape; at most, it can only be attempted rape,
    if not acts of lasciviousness.

    Here, the prosecution failed to discharge its onus of proving that Campuhan’s penis was able
    to penetrate the victim’s vagina however slight. Also, there were no external signs of physical
    injuries on the victim’s body to conclude that penetration had taken place.

    Issue #2:
    What crime did Campuhan commit?

    Held #2: ATTEMPTED RAPE.


    Under RPC 6 in relation to RPC 335, rape is attempted when the offender commences the
    commission of rape directly by overt acts, and does not perform all 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 are present in this case.
    The penalty of attempted rape is 2 degrees lower than the imposable penalty of death for the
    crime of statutory rape of minor below 7 years. Two degrees lower is reclusion temporal, which
    is 12 years 1 day to 20 years.

    Applying ISLAW, and in the absence of aggravating or mitigating circumstance, the maximum
    penalty shall be medium period of reclusion temporal (14 years 8 months 1 day to 17 years 4
    months), while the minimum is the penalty next lower in degree – prision mayor (6 years 1 day
    to 12 years).

    Issue #3:
    May there be a crime of frustrated rape?

    Held #3: NO.


    In People vs Orita, SC finally did away with frustrated rape. Rape was consummated from the
    moment the offender had carnal knowledge of the victim. All elements of the offense were
    already present and nothing more was left for the offender to do. Perfect penetration was not
    essential; any penetration of the female organ by the male organ, however slight, was
    sufficient.

    For attempted rape, there was no penetration of the female organ because not all acts of
    execution were performed or the offender merely commenced the commission of the felony
    directly by overt act

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