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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regular Session 
) 
/ 
SENATE 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The recent spate of road mishaps apparently caused by buses or common 
carriers is too alarming to ignore. 
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 cure and foresight can provide, using 
utmost diligence of very cautious persons, with due regardfor all the circumstances’” 
(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 arresfo 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 arrest0 mayor in its maximum period to prision 
mayor, or from four (4) months one (1) day to six (6) months to twelve (12) 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 
Article 1755, Civil Code ofthe Philippines. 
I 


duties to common carriers but as a means to put an end to recklessness and 
irresponsibility which at times already appear intentional and malicious. 
FRANCIS G. ESCUDERO 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
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 if enacted by fite Senate and ttk House of Representatives of the PI2ilippines in Congress 
assembled: 
SECTION 1. Article 365 of Act No. 3815, as amended, is hereby further 
amended to read as follows: 
“Art. 365. Irnprirdence 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 orreccional in its 
medium period; if it would have constituted a less grave felony, the 
penalty of avresto mayor in its minimum and medium periods shall 
be imposed; if it would have constituted a light felony, the penalty 
of arrest0 rnenor 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. 
, .  
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: 


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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 corvecciond 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 WIIICI-I CASE THE DEFENDANT SHALL 
SUFFER THE PENALTY OF RECLUSION TEMPORAL, IN CASE 
OF DEATH, AND ARREST0 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, pliysical 
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. 
(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. 
from its publication in at least three (3) newspapers of national circulation. 
Efectivity Clause. This Act shall take effect fifteen (15) days 
Approved,