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    People vs. Campuhan

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    Gia Dimayuga
    The Supreme Court modified the trial court's ruling of guilty of statutory rape and instead found Primo Campuhan guilty of attempted rape. The medical examination found no physical injury to the victim and her hymen was intact, indicating there was no penetration. For rape to be consummated, there must be proof of penetration such as touching of the labia by the penis. As there was no evidence of this, Campuhan could only be found guilty of attempted rape rather than consummated rape.

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    People vs. Campuhan

    Uploaded by

    Gia Dimayuga
    9 views1 page
    The Supreme Court modified the trial court's ruling of guilty of statutory rape and instead found Primo Campuhan guilty of attempted rape. The medical examination found no physical injury to the victim and her hymen was intact, indicating there was no penetration. For rape to be consummated, there must be proof of penetration such as touching of the labia by the penis. As there was no evidence of this, Campuhan could only be found guilty of attempted rape rather than consummated rape.

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    The Supreme Court modified the trial court's ruling of guilty of statutory rape and instead found Primo Campuhan guilty of attempted rape. The medical examination found no physical injury to the victim and her hymen was intact, indicating there was no penetration. For rape to be consummated, there must be proof of penetration such as touching of the labia by the penis. As there was no evidence of this, Campuhan could only be found guilty of attempted rape rather than consummated rape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    9 views1 page

    People vs. Campuhan

    Uploaded by

    Gia Dimayuga
    The Supreme Court modified the trial court's ruling of guilty of statutory rape and instead found Primo Campuhan guilty of attempted rape. The medical examination found no physical injury to the victim and her hymen was intact, indicating there was no penetration. For rape to be consummated, there must be proof of penetration such as touching of the labia by the penis. As there was no evidence of this, Campuhan could only be found guilty of attempted rape rather than consummated rape.

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    PEOPLE OF THE PHILIPPINES VS.

    PRIMO CAMPUHAN
    G.R. No. 129433 March 30, 2000

    Bellosillo, J.

    FACTS:

    Corazon Pamintuan, heard her daughter cry, “Ayoko, ayoko!”, prompting her to rush upstairs. She saw
    the accused, Primo Campuhan, helper of her brother, inside her children’s room keeling before Crysthel,
    her daughter, whose pajamas or jogging pants and panty were already removed, while his short pants
    were down to his knees.

    In the physical examination of the victim, there was no evident sign of physical injury and the medico-
    legal officer noted that the hymen was intact.

    The trial court heavily relied on Corazon’s testimony and held that there was consummated rape.

    ISSUE/S: Whether or not the rape was consummated?

    RULING:

    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.

    RATIO DECIDENDI:

    If there is no proof of penetration, the crime may only be attempted rape.

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

    Touching when applied to rape cases does not simply mean mere epidermal contact, stroking or grazing
    of organs, a slight brush or a scrape of the penis on the external layer of the victim's vagina, or the mons
    pubis, as in this case. There must be sufficient and convincing proof that the penis indeed touched the
    labias or slid into the female organ, and not merely stroked the external surface thereof, for an accused to
    be convicted of consummated rape. 14 As the labias, which are required to be "touched" by the penis, are
    by their natural situs or location beneath the mons pubis or the vaginal surface, to touch them with the
    penis is to attain some degree of penetration beneath the surface, hence, the conclusion that touching the
    labia majora or the labia minora of the pudendum constitutes consummated rape.

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