REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8455

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

There is hardly any day when one does not see in print or broadcast media any news which
involves vehicular accidents. Most of these accidents happen, usually with fatal consequences,
because the persons responsible therefor do not respect our traffic laws and revelations. One should
see for himself the chaotic traffic conditions in our streets, where many motorists vie for road
supremacy without regard for their safety and those of others. This is particularly true in the case of
drivers of large vehicles, such as buses and trucks, who recklessly intimidate and impose their will
on their fellow motorists because of the sheer size of their vehicles.

While much of these problems could be traced to the lack of strict enforcement of our traffic
Jaws and regulations, our lenient and outdated penal laws which penalize criminal negligence could
also be the reason for the surging cases of vehicular accidents during the last several decades. Under
Article 365 of the Revised Penal Code, the maximum penalty for criminal negligence in vehicular
accidents (one which causes the death of a person) is only prision correcional in its maximum
Period. Thus, under the present range of penalties for these crimes, the offender may not be placed
behind bars, even he has killed a person by his deliberate and willful action, albeit without
malicious intent, as he can be entitled to apply for probation.

This bill seeks to increase the penalties for criminal negligence involving motor vehicles and
impose several special aggravating circumstances therefor in order to deter would-be offenders to
recklessly disregard our traffic laws and regulations and consequently pose a danger to themselves
and other people.

This bill was previously filed by the late Simeon Datumamong in the 15" Congress.

In view of the foregoing, approval of this bill is earnestly sought.

p- Gary f-. Alejano


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No,_ 8455

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

ANACT
INCREASING THEPENALTIES FOR CRIMINAL NEGLIGENCE INVOLVING MOTOR
VEHICLES, AMENDING FOR THIS PURPOSE ARTICLE 365 OF THE REVISED
PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

SECTION 1. Article 365, sixth Paragraph, number 2 of the Revised Penal Code should now
read as follows:

at ago, Imprudence and negligence. - Any person who, by reckless imprudence,

Shall Commit any act, which, had it been intentional, would constitute a grave felony, shall

Suffer the penalty of arresto mayor in its maximum period to prision correcional in te

medium Period, if it would have constituted a less grave felony, the Penalty of arrest’) mayor

ints minimum period and medium periods shall be imposed: if it would have constituted a light
felony, the penalty of arresto menor in its maximum period shal be imposed,

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XXX,

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The provision contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those provided
in the first two paragraphs of this article, in which case the courts shall impose the penalty
nex! lower in degree than that which should be imposed, in the period which they may deem
Proper to apply.


2. WHEN, BY RECKLESS IMPRUDENCE OR GROss NEGLIGENCE,

A. IN CASE OF DEATH OF A PERSON, THE DEFENDANT SHAL,
PERU NIED BY PRISION MAYOR IN ITS MEDIUM AND. MAXIMUM

1. WHEN A PUBLIC UTILITY VEHTCLE IS INVOLVED;

o"2, WHEN THE DEFENDANT IS INTOXICATED. WITH ALCOHOLIC
SUBSTANCES OR UNDER THE, INFLUENCE OF PROHIRITED
DRUGS; ne

3. WHEN THE DEFENDANT HAS VIOLATED TRAFFIC LAWS,
RULES AND REGULATIONS, OR ORDINANCES; AND

4. WHEN THEE DEFENDANT IS DRIVING A MOTOR VEHICLE
WITH A GROSS WEIGHT OF __OR HIGHER.
Section 2. Repealing Clause.—All laws, decrees, orders and other issuances contrary to or
“nconsistent with the provisions of this Act are hereby Fepealed, amended or modified accordingly.

Section 3. Efectivity.--This Act shall take effect upon its approval.

Approved,