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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bilt No, 4564

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

‘The main function of the criminal justice system is to determine the extent and
boundaries of the rights and obligations of the People of the Philippines and of any
defendant. However, when the defendant is found to be wanting insofar as his/her rights
and obligations are concerned, then the criminal justice system must mete out the
necessary punishment, and — when so necessary — commit the defendant to the proper
correctional institution for punishment and rehabilitation.

However, something is clearly amiss when our criminal justice system places
fault solely upon the defendant when negligence or willful ignorance of the law on the
part of the complainant is material to the case at hand. This is especially true for the
many cases involving so-called reckless imprudence on the part of drivers of motor
vehicles. Under the current legalese, whenever the driver of a motor vehicle causes
damage unto the property or to another person, then that driver would still be found
guilty of reckless imprudence even if the so-called “victim” himself/herself was the one
reckless, imprudent, negligent, and was the cause of the incident

This black-and-white perspective of the law has often led to the erroneous
assignment of burden in legal proceedings; and when such material errors are embedded
in the institutions of the country, it is now the duty of the legislature to immediately take
steps to correct it. Only then can the Sword of Justice be wielded to smite the
malefactors of our society.

For these reasons, passage of this bill is earnestly sought.

aor) ari? Neer
‘GERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

House Bill No.4564

Introduced by Representative GERALDINE B. ROMAN

AN ACT
AMENDING ARTICLE 365, TITLE XIV OF ACT 3815, OTHERWISE KNOWN
AS THE REVISED PENAL CODE OF THE PHILIPPINES,
AND FOR OTHER PURPOSES

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

Section 1. Article 365, Title XIV of Act 3815, otherwise known as the Revised
Penal Code of the Philippines, is hereby amended to read as follows:

“Article 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 arresfo 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.

“XXX,

“Reckless imprudence consists in voluntary, but without malice, doing or
failing 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; provided that the
person to whom such material damage was done has not been
negligent or ignorant in his own observance of laws or ordinances
relevant to the nature of the damage done.


“XXX.

Section 2. Repealing Clause ~ All laws, presidential decrees, executive orders,
rules and regulations, and parts thereof which are inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

Section 3. Separability Clause ~ If, for any reason, any section or provision of
this Act, or any portion thereof, or the application of such section, provision, or portion
to any person, group, or circumstance is declared invalid or unconstitutional, the
remainder of this Act or the application of such section, provision, or portion thereof to
other persons, groups, or circumstances shall not be affected by such declaration.

Section 4. Liffectivity ~ This Act shall take effect immediately following its
publication in three (3) newspapers of general circulation

Approved,