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People vs. Primo Campuhan

PEOPLE OF THE PHILIPPINES, plaintiff, vs. PRIMO CAMPUHAN Y BELLO, accused.

G.R. No. 129433 | 2000-03-30

D E C I S I O N 

BELLOSILLO, J.: 

On 3 April 1990 this Court in People v. Orita 1 [People v. Ceilito Orita alias "Lito," G.R. No. 88724, 3 April 1990, 184 SCRA 105.] finally did away with frustrated rape 2 [People v. Eriñia, 50 Phil. 998 (1927)] and allowed only attempted rape and consummated rape to remain in our statute books. The instant case lurks at the threshold of another emasculation of the stages of execution of rape by considering almost every attempt at sexual violation of a woman as consummated rape, that is, if the contrary view were to be adopted. The danger there is that that concept may send the wrong signal to...