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REPUBLIC OF THE PHILIPPINES oN
HOUSE OF REPRESENTATIVES RECEIVED 2
Quezon City Pi
TWENTIETH CONGRESS gy
First Regular Session S

House Bill No. 4091

Introduced by Pangasinan Fifth District Representative
HON. RAMON N. GUICO JR.

EXPLANATORY NOTE

There is hardly any day when one does not see in print or broadcast media any news which
involves vehicular accidents. Most of these accidents happen, usually with fatal consequences, because
the persons responsible therefor do not respect our traffic laws and regulations. One should see for
himself the chaotic traffic conditions in our streets, where many motorists vie for road supremacy
without regard for their safety and those of others. This is particularly true in the case of drivers of
large vehicles, such as buses and trucks, who recklessly intimidate and impose their will on their fellow
motorists because of the sheer size of their vehicles.

While much of these problems could be traced to the lack of strict enforcement of our traffic
laws and regulations, our lenient and outdated penal laws which penalize criminal negligence could
also be the reason for the surging cases of vehicular accidents during the last several decades. Under
Article 365 of the Revised Penal Code, the maximum penalty for criminal negligence in vehicular
accidents (one which causes the death of a person) is only prision correcional in its maximum period.
‘Thus, under the present range of penalties for these crimes, the offender may not be placed behind bars,
even if he has killed a person by his deliberate and willful action, albeit without malicious intent, as he
can be entitled to apply for probation.

As such, this bill shall seek to increase the penalties for criminal negligence involving motor
vehicles and impose several special aggravating circumstances therefor in order to deter would-be
offenders to recklessly disregard our traffic laws and regulations and consequently, pose a danger to
themselves and other people.

In view of the foregoing, approval of this bill is earnestly sought.

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 4091

Introduced by Pangasinan Fifth District Representative
HON. RAMON N. GUICO JR.

AN ACT

INCREASING THE PENALTIES FOR CRIMINAL NEGLIGENCE INVOLVING MOTOR
VEHICLES, AMENDING FOR THIS PURPOSE ARTICLE 365 OF THE REVISED PENAL

CODE

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

assembled,

SECTION 1. Article 365, Paragraph 6, Number 2 of the Revised Penal Code should now 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 correcional in
its medium period, if it would have constituted a less grave felony, the penalty of arresto
mayor in its minimum period 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,
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The provision 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 courts 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 RECKLESS IMPRUDENCE OR GROSS NEGLIGENCE, A
MOTOR VEHICLE, AS DEFINED UNDER APPLICABLE LAWS, IS INVOLVED AND

1


1 DEATH OF OR PHYSICAL INJURY TO A PERSON IS CAUSED THEREBY, IN

2 WHICH CASE THE FOLLOWING PENALTIES SHALL BE IMPOSED:
3 A. IN CASE OF DEATH OF A PERSON, THE DEFENDANT SHALL
4 BE PUNISHED BY PRISION MAYOR IN ITS MEDIUM AND MAXIMUM
5 PERIODS.

6 B. IN CASE OF PHYSICAL INJURIES, THE PENALTY SHALL BE ONE
7 DEGREE LOWER THAN THOSE IMPOSABLE UNDER CHAPTER TWO,
8 TITLE EIGHT OF THIS CODE IN ACCORDANCE WITH THE DEGREE OF
9 SEVERITY OF INJURIES, WHENEVER APPLICABLE. PROVIDED THAT
10 THE MAXIMUM PENALTY SHALL BE IMPOSED IN CASES OF THE
" FOLLOWING:

12 1. WHEN A PUBLIC UTILITY VEHICLE IS INVOLVED;

13 2. WHEN THE DEFENDANT IS INTOXICATED WITH ALCOHOLIC

14 SUBSTANCES OR UNDER THE INFLUENCE OF PROHIBITED

15 DRUGS;

16 3. WHEN THE DEFENDANT HAS VIOLATED TRAFFIC LAWS, RULES
7 AND REGULATIONS, OR ORDINANCES; AND

18 4. WHEN THE DEFENDANT IS DRIVING A MOTOR VEHICLE WITH
19 GROSS WEIGHT OF 4500 KILOGRAMS OR HIGHER.

20 SEC. 2. Repealing Clause.--All laws, decrees, orders and other issuances contrary to or

21 inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

2 SEC. 3. Effectivity.-This Act shall take effect fifteen (15) days after its publication in two (2)
23 newspapers of general circulation.

Approved,