SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No.u3 
'\3 
J\JL -1 P 1 :41 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
As early as 2003, the Department of Health Road Safety Program statistics 
already showed that road accidents ranked as the fourth leading cause of 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 for 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 can 
provide, using utmost diligence of very cautious persons, with due regard for all the 
circumstancesl " (underscoring supplied). Nevertheless, this mandatory provision 
of 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 
Revised Penal Code, Criminal Negligence, which provides as penalty of 
imprisonment arresto mayor to prision correccional in its medium period, or from 
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 arresto mayor in its maximum'period to 
prision mayor, or from four (4) months one (1) day to six (6) months to tWelve (12) 
1 Article J 755, Civil Code of the Philippines. 


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 this Act. And 
reclusion temporal, or twelve (12) years to twenty (20) years, in case of death. 
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. 
-= ;(As 
FRANCIS G. ESCUDERO 


~rl1Z1tr 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
U~-th;r 1.lf tip.' _~Hrt'h1rtJ; 
'13 
JUL -1 P 1 :41 
SENATE 
S. B. No.123 
!~v:+ 
----------------------------------------------------------
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 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 365 of Act No. 3815, as amended, is hereby further 
2 
amended to read as follows: 
3 
u Art. 365. Imprudence and negligence. -
Any person who, by 
4 
reckless imprudence, shall commit any act which, had it been 
5 
intentional, would constitute a grave felony, shall suffer the 
6 
penalty of arresto mayor in its maximum period to prision 
7 
correccional in its medium period; if it would have constituted a 
8 
less grave felony, the penalty of arresto mayor in its minimum and 
9 
medium periods shall be imposed; if it would have constituted a 
10 
light felony, the penalty of arresto menor in its maximum period 
11 
shall be imposed. 
12 
Any person who, by simple imprudence or negligence, shall 
13 I 
commit an act which would otherwise constitute a grave felony, 
14 
shall suffer the penalty of arresto mayor in its medium and 
IS 
maximum periods; if it would have constituted a less serious 
16 
felony, the penalty of arresto mayor in its minimum period shall 
17 
be imposed. 
18 
When the execution of the act covered by this article shall have 
19 
only resulted in damage to the property of another, the offender 
20 
shall be punished by a fine ranging from an amount equal to the 
21 
value of said damages to three times such value, but which shall 
22 
in no case be less than twenty-five pesos. 
1 
• 
I 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 \ 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
A fine not exceeding two hundred pesos and censure shall be 
imposed upon any person who, by simple imprudence or 
negligence, shan cause some wrong which, if done maliciously, 
would have constituted a light felony. 
In the imposition of these 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 prision correccional in its 
medium 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 WHICH CASE THE DEFENDANT SHALL 
SUFFER THE PENALTY OF RECLUSION TEMPORAL, IN CASE 
OF DEATH, AND ARRESTO MAYOR IN ITS MAXIMUM 
PERIOD TO PRISION MAYOR, 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 THIS ACT. 
Reckless imprudence consists in voluntary, but without 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. 
2 


1 
2 
3 
4 
5 
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 amended by RA. 1790, approved June 21, 1957)." 
SEC. 2. 
Separability Clause. If any provision or part hereof is held 
6 
invalid or unconstitutional, the remainder of the law or the provision 'not 
7 
otherwise affected shall remain valid and subsisting. 
8 
SEC. 3. 
Repealing Clause. 
All laws, presidential decrees, executive 
9 
orders, proclamations and! or administrative regulations which are inconsistent 
lO 
with the provisions of this Act are hereby amended, modified, superseded or 
11 
repealed accordingly. 
12 
13 
SEC. 4. 
Effectivihj Clause. This Act shall take effect fifteen (15) days 
14 
from its publication in at least three (3) newspapers of national circulation. 
15 
16 
Approved, 
3