REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 8482

Introduced by Pangasinan Fifth District Representative
HON. RAMON Y, GUICO HE

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 resklemly intimidate and impose their will on their fellow

of the sheer size of th

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laws and regulations, our lenient and outdated penal laws which penalize criminal negligence could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 he placed behind bars,
even he has killed a person by his deliberate and willful action, albeit without malicious intent, as he
can be entitled to apply for probation.

Iilustrativeiy, on 12 February 2020, Crizaide Tamparong struck eight (8) students crossing a
pedestrian lane on Barangay Poblacion, Makati City killing 14-year old student Jules Villapondo and
injuring his seven companions. He also tested positive for methampehetamine use and is also guilty of
driving without license. Like . in San Juan del Monte, Bulacan a mother and her infant child was
killed, while 12 others were injured when Eliazar Lumawag rammed through three vehicles and a fruit
stand with a truck. Authorities suspect that Lumawag is under the influence of drugs.

As such, this bill shall seek (o 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 eamestly sought.

Rep. Rampon V. Guigp III


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6482

Introduced by Pangasinan Fifth District Representative
HON. RAMON Y. GUICO HT

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 Repi
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 eed
! commit any act, which, had it been intentional, would coi
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
DEATH OF OR PHYSICAL INJURY TO A PERSON IS CAUSED THEREBY, IN
WHICH CASE THE FOLLOWING PENALTIES SHALL BE IMPOSED:

A. IN CASE OF DEATH OF A PERSON, THE DEFENDANT SHALL
BE PUNISHED BY PRISION MAYOR IN ITS MEDIUM AND MAXIMUM
PERIODS.

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

1, WHEN A PUBLIC UTILITY VEHICLE IS INVOLVED;

2. WHEN THE DEFENDANT IS INTOXICATED WITH ALCOHOLIC
SUBSTANCES OR UNDER THE INFLUENCE OF PROHIBITED
DRUGS;

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

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

SEC. 2. Repealing Clause.--All laws, decrees, orders and other issuances contrary to or
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

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

Approved,

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