NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHIQPPINES ) 
First Regular Session 
)
Lit it;!.
72 JUL 26 All 37
S. No
SENATE 
888
ftliCt! -j
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
EXPLANATORY NOTE
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 which is at 20%.
Consequently, legislation must provide a corrective policy by increasing the 
penalty for criminal negligence committed by common carriers.
Statutorily, common carriers are required carry their passengers safely as 
far as human care and foresight can provide, using utmost diligence of very cautious 
persons, with due regard for all the circumstanced" (underscoring supplied). 
Unfortunately, this provision of law merely covers civil liability of common carriers to 
their passengers and excludes criminal liability.
The criminal liability of common carriers is found In Article 365 of the Revised 
Penal Code, Criminal Negligence, which provides imprisonment of arresto mayor Xo 
prision correccionalXw 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.
The penalty for criminal negligence may no longer be applicable considering 
the way common carriers, especially buses, have lightly treated their obligation under 
existing laws. Thus, that utmost diligence required of them must be made stringent 
by an increase in criminal sanction.
This bill alms to penalize criminal negligence committed by common carriers 
with imprisonment ranging from arresto 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
Article 1755, Civil Code of the Philippines.


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 submitted that with this increase in penalty for criminal negligence 
committed by common carriers, especially buses, road safety will be improved and 
may put an end to reckless and irresponsible driving.
FRANCIS G. ESCUDERQK


it'
NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
. 'ODff’r.- of!!
*22 JUL 26 All 37
SENATE
S. No.
888
Rim. :DBV
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 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
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further amended to read as follows:
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"Art. 365. Imprudence and negligence. — Any person who,
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by reckless imprudence, shall commit any act which, had it
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been intentional, would constitute a grave felony, shall suffer
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the penalty of arresto mayor\n its maximum period to prision
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correccionai in its medium period; if it would have constituted
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a less grave felony, the penalty of arresto mayor in its
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minimum and medium periods shall be imposed; if it would
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have constituted a light felony, the penalty of arresto menor
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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
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felony, shall suffer the penalty of arresto mayor 'xn its medium
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and maximum periods; if it would have constituted a less
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serious felony, the penalty of arresto mayor in its minimum
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period shall be imposed.
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When the execution of the act covered by this article shall
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have only resulted in damage to the property of another, the
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offender shall be punished by a fine ranging from an amount
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equal to the value of said damages to three times such value,
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but which shall in no case be less than twenty-five pesos.


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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:
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 
correcciona/\v\ 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 SHALL SUFFER THE PENALTY 
OF RECLUSION TEMPORAL, IN CASE OF DEATH, AND 
ARRESTO 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, physical condition and 
other circumstances regarding persons, time and place.
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.


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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. (>45 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. Effectivity Clause. This Act shall take effect fifteen (15) days 
from its publication In at least three (3) newspapers of national circulation.
Approved,