Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

‘Fifteenth Congress
First Regular Session

House BiliNo.__ 627

Introduced by the Honorable Simeon A. Datumanong

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 recklessly intimidate and impose their will on their fellow motorists because

of the sheer size of their vehicles.

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enforcement of our traffic laws and regulations, our lenient and outdated penal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 be 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.

This Bill seeks to 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.

For this reason, the approval of this Bill is earnestly sought.

iil panes

Representative
Second District, Maguindanao


Republic of the Philippines
House of Representatives

Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

627

House Bill No.

Introduced by the Honorable Simeon A. Datumanong,

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 Representatives of the Philippines in Congress
assembled:

SECTION 1. Article 365, sixth paragraph, number 2 of the Revised Penal
Code should now 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 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.

XX XX XXX

X XXX XXX

XXXXXXX

XXXXXXX

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 A 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
iS 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 OR HIGHER.

Section 2, "All laws, decrees, orders and other issuances or parts thereof
which are inconsistent with this Act are hereby repealed, amended or modified

accordingly.


Section 3. This Act shall take effect upon its approval.

Approved,