Case Summary (G.R. No. 129433)
Procedural Posture
Primo was convicted by the Regional Trial Court of statutory rape and sentenced to death under R.A. 7659. By operation of law, the case proceeded to this Court on automatic review under Article 335 of the Revised Penal Code, as amended.
Facts of the Case
On April 25, 1996, around 4 p.m., Ma. Corazon heard her younger daughter cry “Ayoko, ayoko!” and rushed upstairs to find Primo kneeling before Crysthel, pants lowered, and allegedly forcing his penis into the child’s vagina. Neighbors and relatives apprehended Primo. A medico-legal examination revealed an intact hymen and no external genital injury. Primo maintained innocence, claiming the child fell on him during play and that Ma. Corazon fabricated the charge.
Applicable Law
Article 335(3) of the Revised Penal Code (statutory rape of a female under twelve) as amended by R.A. 7659 (which prescribes death when the victim is below seven). Under the 1987 Constitution, the presumption of innocence and proof beyond reasonable doubt apply. Jurisprudence distinguishes consummated rape (any penile entry into the labia) from attempted rape (overt acts without proven penetration).
Court’s Analysis on Penetration Requirement
This Court reiterated that consummated rape requires proof that the penis touched or slightly entered the labia majora or minora, not mere stroking of the mons pubis. Medical findings must complement testimonial evidence. In Orita and its progeny, even slight penetration suffices, provided the external genitalia are breached beneath the surface. Absent such proof, the offense is at most attempted rape.
Credibility and Evidence Considerations
Ma. Corazon’s vantage point was obstructed by Primo’s kneeling posture and his hand allegedly covering his penis. Crysthel, when directly asked, denied any penetration. The medico-legal officer found no genital injury or basis to conclude sexual contact. The prosecution failed to demonstra
...continue readingCase Syllabus (G.R. No. 129433)
Procedural Posture
- Accused was charged with statutory rape of a minor under Revised Penal Code Art. 335(3), as amended by RA 7659.
- Trial court convicted him of statutory rape and imposed the death penalty, plus moral and exemplary damages.
- Judgment was appealed by the prosecution via automatic review under Art. 335 RPC and by the defense on credence and penetration issues.
- Supreme Court modified the conviction to attempted rape and imposed an indeterminate sentence under the Indeterminate Sentence Law.
Facts
- Victim: Crysthel Pamintuan, age four. Her mother, Ma. Corazon Pamintuan, encountered Primo Campuhan in her daughter’s bedroom.
- On 25 April 1996, around 4:00 PM, Corazon went downstairs. From the ground floor she heard Crysthel cry “Ayoko, ayoko!” and rushed upstairs.
- She saw Primo kneeling before Crysthel with Crysthel’s pajamas and panty removed and Primo’s shorts around his knees. He appeared to be forcing his penis into the child’s vagina.
- Corazon boxed and cursed the accused, who pulled up his pants, pushed her aside, and fled. He was apprehended seconds later by relatives and neighbors.
- Medico-legal examination: No signs of extra-genital or genital injury; intact hymen; orifice diameter 0.5 cm.
- Accused’s defense: Denied rape, claimed victim pulled him down during play; disputed mother’s vantage point; alleged concoction motivated by personal animus.
Issue
- Whether the evidence proved “c