Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 5823

congressman Lord Allan Jay Q. Velasco

EXPLANATORY NOTE

The Revised Penal Code (RPC), also known as Act 3815, had been enacted way back in
December 8, 1930. While the RPC governed our penal laws for more than eight decades
the amounts of monetary fines or penalties punishing crimes remain unchanged, this,
despite the devaluation and inflation which our currency has undergone thru more than
eight decades.

In order to uphold the full force and teeth of our penal laws the punishment for
offenses/crimes including the fine, imprisonment and civil disqualification components
must be up to date. With regard to the fine component the amounts are still based on 1930
prices, the year the law was enacted. The massive inflation and devaluation our currency
has gone through renders the punitive fine component of the RPC negligible. It is in this
light that an adjustment of the fine through an amendment is highly in order.

The outdated fines incorporated in the RPC are vividly exhibited in Art 365 of said law,
wherein the value of the fines are yet to be amended.

The present bill humbly suggests new amounts, subject to the committee’s discretion,
replacing the old ones using a formula utilizing the available data from the National
Statistics Coordination Board relating to Consumer Price Indexes.

In adjusting the fines accurately the inflation rate computed from 1930 up to the present
must be computed. However, there is no data available for the CPI (Consumer Price
Index) earlier than 1955 in the Philippines and no data available for the CPI from 1986 to
1988. Moreover, there had been a total of 8 rebasing of base years for the computation of
inflation rates (the purpose of rebasing is to make relevant or update the items included in
the basket of goods).

Given these limitations, the year 1955 is used as the base year for the computation up to
2011 and disregarding the inflation rate in the years 1986 to 1988 making the derived
inflation rate a conservative one. Using the derived inflation rate of 8, 012 % we can
now compute the adjusted value of fines after factoring in the change in prices in the
Philippines, more precisely the effect of inflation rate.


The following amended version reflects the adjusted fine component for Art 365.
rounded off to the nearest thousand:

“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
2,000 pesos.

A fine not exceeding 16,000 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, to death of a person shall be
caused, in which case the defendant shall be punished by
prision correccional in its medium and maximum periods.

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 of
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 those
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.”

This moment is certainly the best and opportune time to amend the above mentioned
article of our antiquated RPC.

Immediate passage of this bill is earnestly sought.

LORD ALLANJAY Q. VELASCO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5829

House Bill No.

Introduced by Congressman Lord Allan Jay Q. Velasco

AN ACT AMMENDING ARTICLE 365 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Article 365 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:

“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
2,000 pesos.

A fine not exceeding 16,000 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, to death of a person shall be
caused, in which case the defendant shall be punished by
prision correccional in its medium and maximum periods.

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 of
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 those
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.”

SECTION. 2. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provision of this Act is hereby repealed, modified or amended
accordingly.

SECTION 3. Effectivity Clause ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,