Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BiLLNo, 4268

Introduced by REP, EVELINA G. ESCUDERO

EXPLANATORY NOTE

As early as 2003, the Department of Health Road Safety Program statisties 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 utmost 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 to prision correccional in
its medium period, ot 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, 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 ease of death,

It is strongly hope that an increase penalty for criminal negligence committed by common carriers,
ally buses, serves not only a reminder to extant statutory duties to common carriers but as a means to
put an end to recklessness and irresponsibility which at times already appear intentional and malicious.

esper

EVELINA G. ESCUDERO

' Article 1755, Civil Code of the Philippines.


Republie of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
st Regular Session

Introduced by REP. EVELINA 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:

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 correceional
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 arvesio 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 diset
Without regard to the rules prescribed in Article sixty-four,

The provisions c«

ned 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
{RRESTO 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 a
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

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
least three (3) newspapers of national circulation.

publication in at

Approved.