FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Firs/" Regular Session 
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SENATE 
, S, 13, No, J~,095 
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Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
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The recent spate of road mishaps apparently caused by buses or 
common carriers is too alarming to ignore. 
As early as 2003, the Department of Health Road Safety Program 
statistics already showed that road accidents ranked as the fourth leading 
cause o[ deaths among Filipinos and first in terms of injury morbidity, which 
is 20%. 
With this, legislation must provide a preventive policy to address this" 
problem. And as such, this bill proposes the increase of penalty [or criminal 
negligence caused by common carriers against persons albeit without limiting 
its application to buses or land common carriers only. 
As a matter of fundamental statutory policy, common carriers are 
required "to carry their passengers safely as far as human care and foresight ciln 
provide, using utmost diligence of very cilutious persons, with due regard for al! tiJe 
circH 111S tll11CeS 1" 
(underscoring supplied). Nevertheless, this manda tory 
provision o[ law merely covers civil liability of common carriers to their 
passengers and excludes third persons and criminal obligation. 
The criminal liability of common carriers is found in Article 365 of the 
I{evised Penal Code, Criminal Negligence, which provides as penalty of 
imprisonment arresta mllyar to prisian correccionlll in its medium period, or 
[rom one (1) month to four (4) years and two (2) months, depending on the 
gravity of the resultant crime or felony. 
These penalties may no longer be apt considering the way common 
carriers, especially buses, have lightly treated their obligation under existing 
laws. The utmost diligence required must be extended to third parties and 
their criminal liability expanded or be made stringent and strict. 
This bill aims to penalize criminal negligence committed by common 
carriers with imprisonment ranging from Ilrresta mllyor in its maximum period 
to pnsiOl1 mayor, or [rom four (4) months one (1) day to six (6) months to 
tW<.:lve (12) years, in case of injury, depending on the extent or gravity of the 
injury as provided for under Title Eight, Chapter 2, on Physical Injuries, of 
I Article 1755, Civil Code of the Philippines 


this Act. And reclusion lempoml, or twelve (12) years to twenty (20) years, in 
case of death. 
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It is strongly hope that an increase penalty for criminal negligence 
committed by common carriers, especially buses, serves not only a reminder 
to extant statutory duties to common carriers but as a means to put an end to 
recklessness and irresponsibility which at times already appear intentional 
and malicious. 
ERG 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
SENATE 
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Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
INCREASING THE PENALTY FOR CRIMINAL NEGLIGENCE 
COMMITTED BY COMMON CARRIERS, FURTHER AMENDING 
ARTICLE 365 OF ACT NO. 3815, AS AMENDED, OR THE REVISED 
PENAL CODE 
Hf i I enacted by the Senate Ilnd tlze House of Representatives of the Plzilippines 
in Congress assembled: 
SECTION 1. Article 365 of Act No. 3815, as amended, is hereby further 
amended to read as follows: 
"Art. 365. ll1lprudence lind 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 arresta l1layar in its maximum period to prision 
correccianal in its medium period; if it would have constituted 
a less grave felony, the penalty of IIrresto l1layor in its 
minimum and medium periods shall be imposed; if it would 
have constituted a light felony, the penalty of arresta menar in 
its maximum period shall be imposed. 
Any person who, by simple imprudence or negligence, shall 
commit an act which would otherwise constitute a grave 
felony, shall suffer the penalty of arresto mayor in its medium 
and maximum periol1s; if it would have constituted a less 
serious felony, the penalty of arres/o mayor in its minimum 
period shall be imposed. 
When the execution of the act covered by this article shall 
have only resulted in damage to the property of another, the 
offender shall be punished by a fine ranging from an amount 
equal to the value of said damages to three times such value, 
but which shall in no case be less than twenty-five pesos. 
A fiDe not exceeding two hundred pesos and censure shall be 
imposed upon any person who, by simple imprudence or 
negligence, shall cause some wrong which, if done 
maliciously, would have constituted a light felony. 
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In the imposition of Lhese penalties, the court shall exercise 
their sound discretion, without regard to the rules prescribed 
in Article sixty -four. 
The provisions 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 court shall impose the penalty next 
lower in degree than that which should be imposed in the 
period which they may deem proper to apply. 
2. When, by imprudence or negligence and with violation of 
the Automobile Law, the death of a person shall be caused, in 
which case the defendant shall be punished by prisioll 
correcciol1a/ in its medi';1m and maximum periods. 
3. WHEN BY IMPRUDENCE OR NEGLIGENCE OF A 
COMMON 
CARRIER 
EITHER THROUGH 
ITS 
SHIP 
CAPTAIN, 
AIRPLANE 
CHIEF, 
DRIVER, 
EMPLOYEE, 
AGENT, OPERATOR OR OWNER, THE DEATH OR INJURY 
OF A PERSON SHALL BE CAUSED, IN WI-IICB CASE TI-IIT . 
DEFENDANT 
SHALL 
SUFFER 
TI-IE 
PENALTY 
OF 
RECLUSION TEMPOl'AL., IN CASE OF DEATI-I, AND 
AJ?RESTO MA YOl' IN ITS MAXIMUM PERIOD TO PRISlON 
MA YOP, IN CASE OF INJURY, DEPENDING ON THE 
EXTENT OI~ GI~A VITY OF THE INJUI~Y AS PROVIDED 
FOR UNDER TITLE EIGHT, CHAPTER 2, ON PHYSICAL 
INJURIES, OF TI-lIS ACT. 
Reckless imprudence consists in voluntary, but without 
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malice, doing or falling to do an act from which material 
damage results by reason of inexcusable lack of precaution on 
the part of the person performing or failing to perform such 
act, taking into consideration his employment or occupation, 
degree 
of 
intelligence, 
physical 
condition and 
other 
circumstances regarding persons, time and place. 
Simple imprudence consists in the lack of precaution 
displayed in these cases in which the damage impending to 
be caused is not immediate nor the danger clearly manifest. 
The penalty next higher in degree to those provided for in 
this article shall be imposed upon the offender who fails to 
lend on the spot to the injured parties such help as may be in 
this hand to give. (As (lmended by F..A. 1790, Ilpprol'ed June 21" 
1957)." 
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SEC. 2. 
Sepnrllbilily Clnuse. If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provision not 
otherwise affected shall remai~ valid and subsisting. 


SEC. 3. 
R.epealing Clause. All laws, presidential decrees, executive 
orders, 
proclamations and/or administrative 
regulations 
which 
are 
inconsistent with the provisions of this Act are hereby amended, modified, 
superseded or repealed accordingly. 
SEC. 4. 
Effeclil'ity Clause. This Act shall take effect fifteen (15) 
days from its publication in at least three (3) newspapers of national 
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circulation. 
/\pprm'ed,