happened within the family compound where a call for assistance could easily be heard
PEOPLE OF THE PHILIPPINES, plaintiff, vs. PRIMO CAMPUHAN Y
BELLO, accused.
FACTS:
Primo Campuhan was found guilty of statutory rape and was sentenced by court to the
extreme penalty of death.
 April 1996, Corazon Pamintuan, mother of the 4-year-old victim Crysthel
went down to the second floor to prepare a milo drink for her children.
 At the ground floor, she met the accused filling small plastic bags with water.
 As Corazon was busy preparing the drinks, she heard her daughters cry
“Ayoko, Ayoko”
 Thereupon she saw Primo inside her children’s room kneeling before
Crysthel whose pajamas were pulled down and panty was removed and his
short pants were down to his knees.
 According to Corazon, he was forcing his penis into Crysthel’s vagina.
 It was then she shouted for help.
 Physical examination was conducted but returned with negative results.
There was no genital injury.
In his defense he stated:
 That Crysthel’s was in the mood of playing and wanted to ride on his back
 She them pulled him down causing them to fall down on the floor.
 It was in the fallen position when Corazon saw them and became hysterical.
 Corazon’s brother, responding to her cry out apprehended Primo and punched
him and threatened to kill him.
 He was not able to explain his side.
Despite plead of innocence, Primo was found guilty of statutory rape and was
sentenced to death.
ISSUE:
WON PRIMO IS GUILTY OF STATUTORY RAPE
HELD:
Primo claims that it was truly inconceivable for him to commit the rape considering
that Crysthels younger sister was also in the room playing while Corazon was just
downstairs. Their presence alone as possible eyewitnesses and the fact that the episode
and responded to, would have been enough to deter him from committing the crime.
He also asserts the absence of signs of injuries on Crysthel’s private part.
In convicting the accused, lower court relied heavily on the testimony of the mother
that she saw accused pants down and kneeling before her daughter and that Primo was
forcing his forcing his penis to her daughter’s vagina.
Court maintains, concluding that carnal knowledge took place, full penetration of the
vaginal orifice is not an essential ingredient, nor is the rupture of the hymen necessary;
the mere touching of the external genitalia by the penis capable of consummating the
sexual act is sufficient to constitute carnal knowledge.
Consummated rape, does not refer on the mere touching of the vagina but on the
introduction of the male organ to the female organ.
In the view of the records, the prosecution failed to prove that Primo’s penis penetrated
Crysthal’s vagina. The court doubted the testimony of the mother that of the inter
genital contact between the two.
In her demonstration in the court, it is probable that Primo’s position blocked the view
of Corazon and her statement that he is still holding his penis means he hasn’t reached
erection.
Putting in consideration the testimony of the 4-year-old victim. She said that Primo’s
penis touched hers but when asked if there was any penetration she answered negative.
Consequently, it is improper and unfair to attach to this reply of a four (4)-year old
child, whose vocabulary is yet as underdeveloped.
Prosecution failed to establish evidence that Primo made efforts to penetrate his penis
to Crythel’s vagina. Thus, she only shouted "Ayo'ko, ayo'ko!" not "Aray ko, aray ko!"
The accused cannot be held liable for consummated rape; worse, be sentenced to death.
In cases of rape where there is a positive testimony and a medical certificate, both
should in all respects complement each other.
MODIFIED. He is instead found guilty of ATTEMPTED RAPE.
Ortiz, Ana