Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City f Yn

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16" CONGRESS. i
First Regular Session 7

HOUSE BILL No.1682

Introduced by REP. EVELINA G. ESCUDERO.

EXPLANATORY NOTE

The Department of Health Road Safety Program statistics, as early as 2003,
concluded that road accidents are ranked as the fourth leading cause of deaths
among Filipinos and first in terms of injury morbidity.

With this bill, the legislation must devise a precautionary policy in order
to deal with the problem. This bill proposes the increase of penalty for criminal
negligence which is caused by common carriers against persons although
without limiting its application to buses or land common carriers only.

As a matter of basic 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 circumstances'”
(underscoring supplied). However, this compulsory provision of law merely
covers civil liability of common carriers to their passengers and would exclude
third persons and criminal obligation.

Article 365 of the Revised Penal Code, where the criminal liability of
common carriers is found, Criminal Negligence, which states 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 magnitude
of the resultant crime or felony.

Considering the way common carriers, particularly buses, have lightly
treated their obligation under present laws, these penalties may no longer be
appropriate. The utmost diligence required must be extended to third parties and
their criminal liability expanded or made stringent and strict.

The bill seeks to penalize criminal negligence committed by common
carriers by 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)

' Article 1755, Civil Code of the Philippines.



years, in case of injury, depending on the extent or magnitude of the i jury 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.
EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL No. 1682

Introduced by REP. EVELINA 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

amended to read as follows:

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“Art. 365. 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
correccional in its medium period; if it would have constituted a
less grave felony, the penalty of arresto mayor in its minimum and
medium periods shall be imposed; if it would have constituted a
light felony, the penalty of arresto menor 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 periods; if it would have constituted a less serious
felony, the penalty of arresto 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.


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A fine 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.

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.


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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 R.A. 1790, approved June 21, 1957).

SEC. 2. Separability Clause. If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SEC. 3. Repealing 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. Effectivity Clause. This Act shall take effect fifteen (15) days

from its publication in at least three (3) newspapers of national circulation.

Approved,