Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15 CONGRESS
1* Regular Session

HOUSE BILL NO. 1756

Introduced by REP. SALVADOR H. ESCUDERO III

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 care and foresight can provide, using wlmost
diligence of very cautious persons, with due regard for 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 arresto mayor 10
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 arresto mayor in its maximum period to prision mayor, ot 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,

* Article 1755, Civil Code of the Philippines.


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 duties t0
common carriers but as 2 means to put an end to recklessness and irresponsibility which at

times already appear intentional and malicious.

a
SAL H. ESCUDERO II
Representative

1* District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" CONGRESS
1* Regular Session

1756

HOUSE BILL NO.

Introduced by REP. SALVADOR H. ESCUDERO III

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:

SECTION 1. Article 365 of Act No. 3815, as amended, is hereby further amended to
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 correccional in its medium period; if it would
have constituted a less grave felony, the penalty of arresto 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.

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

Approved,