People v. Campuhan People v.

Aaron

FACTS: Facts:
• April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4- The appellant, Emmanuel Aaron y Dizon, was charged with three
year old Crysthel Pamintuan, went to the ground floor of their counts of rape.
house to prepare Milo chocolate drinks for her 2 children. There
she met Primo Campuhan, helper of Conrado Plata Jr., brother of That on or about 16 January 1998 at Brgy. San Jose the said
Corazon, who was then busy filling small plastic bags with water accused, armed with a knife and by means of force and
to be frozen into ice in the freezer located at the second floor. intimidation, did then and there willfully, unlawfully and
• Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went feloniously succeed in having sexual intercourse with the
upstairs and saw Primo Campuhan inside her children's room offended party JONA G. GRAJO, against the will and consent of
kneeling before Crysthel whose pajamas or "jogging pants" and the latter, to her damage and prejudice.
panty were already removed, while his short pants were down to
his knees and his hands holding his penis with his right hand The evidence of the prosecution shows that, on January 16,
• Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and 1998, at around 7:00 oclock in the morning, the private
boxed him several times. He evaded her blows and pulled up his complainant, Jona Grajo, was asleep in bed (papag) inside her
pants. He pushed Corazon aside who she tried to block his path. room on the second floor of the apartment unit which she
Corazon then ran out and shouted for help thus prompting shared with her sister and her brother-in-law, herein appellant
Vicente, her brother, a cousin and an uncle who were living Emmanuel Aaron. Jona was wearing only a panty and was
within their compound, to chase the Campuhan who was covered with a blanket. Sensing that someone was inside her
apprehended. They called the barangay officials who detained. room, Jona opened her eyes and was surprised to find
• Physical examination yielded negative results as Crysthel ‘s Emmanuel sitting beside her in bed totally naked. Emmanuel
hymen was intact immediately went on top of Jona and poked a knife on her neck.
• Campuhan: Crysthel was in a playing mood and wanted to Jonas attempt to cry for help proved futile as Emmanuel quickly
ride on his back when she suddenly pulled him down causing covered her mouth with his left hand.
both of them to fall down on the floor.
• RTC: guilty of statutory rape, sentenced him to the extreme Emmanuel removed her panty and succeeded in having carnal
penalty of death intercourse with Jona who could only manage to cry.
• Thus, subject to automatic review Subsequently, Emmanuel withdrew his penis and ordered Jona
to lie down on the floor. He inserted his penis into her vagina for
ISSUE: W/N it was a consummated statutory rape the second time with the knife still poked on Jonas neck.
Thereafter, Emmanuel stood up and commanded Jona to lie
HELD: NO. MODIFIED. guilty of ATTEMPTED RAPE and sentenced down near the headboard of the papag bed where he inserted
to an indeterminate prison term of eight (8) years four (4) his penis into her vagina for the third time, still armed with a
months and ten (10) days of prision mayor medium as minimum, knife, and continued making pumping motions (umiindayog).
to fourteen (14) years ten (10) months and twenty (20) days of
reclusion temporal medium as maximum. Costs de oficio. After the incident, Jona pleaded to be released but Emmanuel
initially refused. He budged only after Jona told him that she
• People v. De la Peña: labia majora must be entered for rape urgently needed to relieve herself (Ihing-ihi na ako, puputok na
to be consummated ang pantog ko.) but not before warning her not to tell anyone
• Primo's kneeling position rendered an unbridled observation about the incident. Jona quickly put on her panty and hurried
impossible down the street in front of the apartment with only a blanket
• Crysthel made a categorical statement denying penetration covering herself. Her cries drew the attention of a neighbor,
but her vocabulary is yet as underdeveloped Lilibeth Isidro, who tried to persuade Jona to go back inside the
• Corazon narrated that Primo had to hold his penis with his apartment, to no avail, for fear of Emmanuel. Upon the prodding
right hand, thus showing that he had yet to attain an erection to of another neighbor, a certain Agnes, Jona revealed that she was
be able to penetrate his victim raped by her brother-in-law, the appellant herein.
• the possibility of Primo's penis having breached Crysthel's
vagina is belied by the child's own assertion that she resisted Jona proceeded to the nearby store of their landlady upon the
Primo's advances by putting her legs close together and that she latters arrival from the market and she related the misfortune
did not feel any intense pain but just felt "not happy" about what that had befallen her. At that instance, Emmanuel approached
Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!" not and warned her to be careful with her words. Then he left for the
"Aray ko, aray ko! house of Bong Talastas.
• Lastly, it is pertinent to mention the medico legal officer's
finding in this case that there were no external signs of physical After Emmanuel left, Jona went back to their house and dressed
injuries on complaining witness body to conclude from a medical up. Thereafter, she went to the police station in Balanga, Bataan
perspective that penetration had taken place. As Dr. Aurea P. to report the incident. Police Officers Rommel Morales and
Villena explained, although the absence of complete penetration Edgardo Flores proceeded to the residence of the private
of the hymen does not negate the possibility of contact, she complainant who appeared very tense but the neighbors
clarified that there was no medical basis to hold that there was informed them that Emmanuel had left. The police officers then
sexual contact between the accused and the victim. proceeded to the house of Bong Talastas in San Jose, Balanga,
Bataan, where the victim told them Emmanuel could have
possibly gone. On arrival there, they found Emmanuel conversing acts of rape, the victim did not even complain to her sister who,
with Bong Talastas and they immediately arrested the appellant by then, had already arrived from the market. The
herein upon ascertaining his identity. uncharacteristic behavior of the private complainant could only
be explained by the fact that she admittedly had several sexual
After bringing Emmanuel to the police station, Police Officers experiences in the past with her boyfriend and live-in partner
Morales and Flores accompanied Jona to the provincial hospital Bong Talastas. The appellant theorizes that private complainant
in Bataan for physical examination. Thereupon, the attending wanted to get back at him for the embarrassment of being seen
physician at the Bataan Provincial Hospital, Dra. Emelita by him in her panty after her boyfriend, Bong Talastas, left the
Firmacion, M.D., found multiple healed laceration(s) at 1, 3, 5, 6, apartment. Appellant downplays the testimony of PO1 Rommel
9 oclock position(s), incomplete type in Jona Grajos private part. Morales as not worthy of credence for lack of corroborative
evidence.
At the trial, Dra. Firmacion identified her signature[9] appearing
on the lower right portion of the medical certificate[10] and After a thorough review, we find that the testimony of private
affirmed the medical findings contained therein. The multiple complainant, Jona Grajo, sufficiently established all the elements
hymenal lacerations sustained by Jona which were respectively of rape committed under Article 266-A, paragraph (1) (a) of the
indicated in the medical certificate as 1 oclock, 3 oclock, 5 oclock, Revised Penal Code, namely: a) that the offender, who must be a
6 oclock and 9 oclock could have been caused by sexual man, had carnal knowledge of a woman and (b) that such act is
intercourse, masturbation, strenuous exercises or penetration of accomplished by using force or intimidation. The gist of private
any hard object. The appearance of a lacerated hymen could complainants testimony clearly shows that the appellant,
indicate the approximate time when the laceration was Emmanuel Aaron, forced himself on her at around 7:00 oclock in
sustained. In the case of Jona Grajo, her hymenal lacerations the morning on January 16, 1998. The sexual assault started on
were completely healed, indicating that the same were sustained the papag bed inside her room on the second floor of their
at least one month before she was examined on January 16, apartment unit. After going on top of the private complainant,
1998. However, it was possible that she had sexual intercourse the appellant succeeded in inserting his penis into her vagina
immediately before the said examination. after which he made pumping motions while poking a knife on
her neck. He then succeeded in inserting his penis into her
On the date of the incident, Emmanuel admitted that he and vagina two more times on the same occasion after transferring
Jona were the only persons inside the apartment. He had just locations inside the room, with the knife continuously poked on
arrived from work as a night-shift waiter at Base One restaurant her neck.
in Balanga, Bataan. He had earlier met Bong Talastas at 7:00
oclock in the morning as Bong was preparing to leave his house Prosecution witness PO1 Rommel Morales of Balanga, Bataan,
while his wife had gone to the market. Emmanuel changed his who was the police officer on duty at the time Jona Grajo came
clothes upstairs where the cabinet was located opposite the to the police station, recounted during the trial that the private
room occupied by Jona. Emmanuel noticed that the door of complainant was crying and trembling on arrival at the Balanga,
Jonas room was partly open so he peeped through the narrow Bataan police station on January 16, 1998. Private complainant
opening and saw her wearing only a panty. He was about to took time to answer the queries of the police officer since she
close the door when Jona woke up and began shouting. was crying uncontrollably. When she finally got hold of herself,
the private complainant reported that she had been raped by the
Emmanuel did not know why Jona kept on shouting. She even appellant who was subsequently arrested by the police. The
followed as Emmanuel descended the stairs and she proceeded actuations of the private complainant immediately after the
to the nearby store of their landlady. Emmanuel went her to the incident may be considered as part of the res gestae that
store to caution Jona about her words (Ayusin mo ang sinasabi substantially strengthens her claim of sexual assault by the
mo) because she was telling their landlady that he raped her. appellant.
However, Jona ignored him so he left and decided to see Bong
Talastas in San Jose, Balanga, Bataan to inquire from the latter Q: While you were in your room on that time and date, do you
why Jona was accusing him of having raped her. Emmanuel remember of any incident that happened?
denied that he was armed with a knife during the incident, much A: Yes, sir.
less threatened Jona with it. Q: What was that incident?
A: While I was inside my room, I sensed that there was a person
The guilt of the accused for the single act of rape having been inside my room and when I opened my eyes, I saw that he is my
proved beyond reasonable doubt. brother-in-law.
Q: And that brother-in-law of yours is the person whom you
Appellant argues that the account of the private complainant, pointed a while ago. Is that correct?
Jona Grajo, of the alleged incidents of rape appears incredible A: Yes, sir.
and contrary to common human experience. Based on her Q: How does he look when you saw him inside your room?
testimony, the appellant suddenly placed himself on top of her A: He was naked sitting beside me.
with his right hand poking a knife on her neck and with his left
hand covering her mouth. Subsequently, the appellant removed That the private complainant did not offer sustained resistance
her panty and succeeded in inserting his penis into her private despite having been ordered twice by the appellant to change
part even without previously opening his zipper or removing his location inside the room can easily be explained by the fact that
pants. Likewise, the private complainant did not offer any the appellant was threatening to stab her if she resisted. The
resistance although she could have done so. After the alleged private complainant was obviously overwhelmed by intense fear
when she woke up with a knife pointed at her neck. The
continuing intimidation of private complainant cowed her into
helpless submission to appellants lechery. She could only express
her disgust over the sexual attack of her brother-in-law silently in
tears. In this connection, it has been ruled that physical
resistance need not be established in rape when intimidation is
used on the victim and the latter submits herself, against her
will, to the rapists embrace because of fear for her life and
personal safety.

Admittedly, private complainant was having an affair with a

certain Bong Talastas and that she was not innocent to the ways
of the world. However, such fact alone does not negate the
commission of rape by the appellant against her. Dra. Firmacion
testified that although the lacerations found in the private part
of Jona Grajo were completely healed, such fact did not
discount the possibility that she was sexually molested
immediately before she was examined on January 16, 1998. We
emphasize that moral character is immaterial in the prosecution
and conviction of the offender in the crime of rape. The Court
has ruled time and again that even a prostitute can be a victim of
rape as the essence is the victims lack of consent to the sexual
act.

Significantly, the appellant failed to advance any credible

motive that could have impelled the private complainant to
testify falsely against him. In a desperate attempt to avoid any
responsibility for his crime, however, the appellant theorizes that
the private complainant merely wanted to exact revenge from
him for the embarrassment she experienced when he chanced
upon her clad merely in a panty inside her room. This alleged
motive on the part of the private complainant is too shallow to
merit even scant consideration from this Court. If appellant were
to be believed, would not private complainant have instead
opted to keep quiet about the incident to spare herself from
further embarrassment? Common experience dictates that no
woman, especially one of tender age, will concoct a rape
complaint, allow a gynecological examination and permit herself
to be subjected to public trial if she is not motivated solely by the
desire to have the culprit apprehended and punished. Indeed,
coming out in the open with the accusation of sexual assault on
her by her brother-in-law inevitably entailed risking her
relationship with her boyfriend, Bong Talastas, and with her
sister. However, the rape simply proved too much for her to
bear.

We agree with the trial court that the appellant should be

convicted of only one count of rape. It may appear from the
facts that the appellant thrice succeeded in inserting his penis
into the private part of Jona Grajo. However, the three
penetrations occurred during one continuing act of rape in
which the appellant was obviously motivated by a single
criminal intent. There is no indication in the records, as the trial
court correctly observed, from which it can be inferred that the
appellant decided to commit those separate and distinct acts of
sexual assault other than his lustful desire to change positions
inside the room where the crime was committed.