v 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHIl;;IPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 13 6 5 
:StUll!' 
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'13 
AUG 28 P 2 :13 
RECEIVEI' BV:~ 
INTRODUCED BY SEN. JINGGOV eJeRcito ESTRADA 
EXPLANATORY NOTE 
The increasing occurrence of road accidents caused by common carriers and the 
extent of their damages to life and property are increasingly alarming. According 
to the "Health Policy Notes" issued by the Department of Health in 2008, "Road 
traffic crashes constitute the second leading cause of injury death with a mortality 
rate of 7.8/100,000. (Source: Philippine Health Statistics, 2003)." 
The same report states that "Along national roads and highways, 1,185 deaths 
and 5;870 non-fatal injuries were reported in 2006: (Source: Traffic Acoident 
Report Application System, Department of Public Works and Highways, 2007)." 
It further reveals that, "In Metro Manila, the most common vehicle types involved 
ih traffiC acCid~hts ih 2008 were: cats (52.8%), jeepheys (9.8%), motdi"()ybles 
(9.0%), and vans (8.69%). (Source: Metro Manila Accident Reporting and 
Analysis System, MMDA, 2006). 
In line with the government's efforts to prevent such accidents and avoid further 
loss of life and property, this measure seeks to amend the Revised Penal Code 
in order to increase the penalty for criminal negligence committed by common 
carriers. Increased penalty will make the parties of the common carrier more 
COnscious of their resPonsibilities and more carefUl in providing service to their 
clients. 
This measure was submitted by the Committees on Justice and Human Rights, 
and Public Services during the Fifteenth G€lngress, However; it was overtaken 
by events and did not prosper into law. 
ThE! immediatE! passage of this bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
,Senab 
,eu", ,,( t~, ~'mtar, 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 28 P2 :13 
SENATE 
Senate elil No. 1365 
iNTRODUCED BY SEN. JiNddOY EJERCito EStRADA 
ANAeT 
INCREASING THE PENAL TV 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: 
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SECTION 1. 
Article 365 of Act No. 3815, as amended, is hereby further 
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amended to read as follows: 
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"Art. 365. Imprudence and negligence. -
Any person who, by 
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reckless imprudence, shall commit any act which, had it been 
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intentional, would constitute a grave felony, shall suffer the penalty 
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of arresto mayor in its maximum period to prision correccional in its 
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mediUm period; if it woUld have constitUted a less grave teHan\{, the 
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penalty of arresto mayor in its minimum and medium periods shall 
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be imposed; if it ~ould have cons~ituted a light felony, the penalty of 
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arresto menor in its maximum period shall be imposed. 
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"Any person who, by simple imprudence or negligence, shall 
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commit an act which would otherwise constitute a grave felony, 
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shall suffer the penalty of arresto mayor in its medium and 
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maximum periodsj if it wauld have canstittlted a less serious felony; 
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the penalty of arresto mayor in its minimum period shall be 
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imposed. 
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"When the execution of the act covered by this article shall have 
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only resulted in damage to the property of another, the offender 
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shall lie r;lUlilshed by a fine ranging from an amount etlUal to the 
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value of said damages to three times such value, but which shall in 
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no case be less than twenty-five pesos. 
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"A fine not exceeding two hundred pesos and censure shall be 
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imposed upon any person who, by simple imprudence or 
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negligence, shall cause some wrong which, if done maliciously, 
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would have constituted a light felony. 
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"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; 
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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 SFtALL SUFFER THE PENAL TV 
OF RECLUSION TEMPORAL IN CASE OF DEATH, AND 
ARRESTO MAYOR IN 
ITS MAXIMUM PERIOD TO 
F'~/S/ON MA YO~, 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 
I>lace. 
"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 injyred parties sych 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 G/ause; - 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. 
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SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days from its 
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publication in at least three (3) newspapers of national circulation. 
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Approved, 
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