Republic of the Philippines

House OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

HOUSE BILLNO.__5861

Introduced by Honorable Pablo Roces Nava stig

EXPLANATORY NOTE

National Government and Local Government Units are now establishing
shared priority bike lanes to ensure the safety of bikers. In addition, to promote
cycling as an alternative mode of transportation, reduce pollution, address
global warming, slow down climate change, and to encourage healthy lifestyle
derived from the physical and mental health benefits of cycling.

To encourage use of established bike lanes, there is need for the national
government to ensure primordial safety of bikers by providing higher penalty
when the offended party is cycling along bike lanes duly established by the
National Government and/or Local Government Units.

In view of the foregoing considerations, early passage of this bill is
earnestly sought.



Republic of the Philippines

House OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

HOUSE BILLNO.__5861

Introduced by Honorable Pablo Roces Nava III

AN ACT

TO AMEND ARTICLE THREE HUNDRED AND SIXTY-FIVE OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, BY PROVIDING HIGHER PENALTY WHEN THE
OFFENDED PARTY IS RIDING ON AND/OR WITH BICYCLE ALONG
BIKE LANE DULY ESTABLISHED BY THE NATIONAL
GOVERNMENT AND/OR LOCAL GOVERNMENT UNIT WHERE
SUCH BIKE LANE IS LOCATED

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

Section 1. Article Three Hundred and Sixty Five, Title Fourteen of Act
No. 3815, as Amended, otherwise known as the Revised Penal Code, is hereby
further 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 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
periodical 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 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 courts 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 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 imprudence or negligence and with
violations of the Automobile Law (Act No.3992), the death
ofa person shall be caused, in which case the defendant shall
be punished by prision correccional in its medium and
maximum periods.

“Reckless imprudence consists in voluntarily, 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 or failing to perform such act, taking into

2


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 maybe in his hands to
give.

“The penalty next higher in degree to those provided for in

this article shall also_be imposed _upon the offender when the
offended party is riding on and/or with bicycle along bike lane duly
established by the National Government and/or Local Government

wl ine_is located, provided, that if the act
defined and punished under this article is also_punished in any
other law: vide higher refor, the latter penalt
shall be imposed.”

Section 2. Repealing Cause. — All laws, executive orders, rules and

regulations or parts thereof which are contrary to or consistent with this Act are

hereby repealed.

Section 3. Effectivity Clause. — This Act shall take effect after fifteen

(15) days following the completion of the publication in the Official Gazette of
in at least two (2) national newspapers of general circulation, whichever comes

earlier.

Approved