TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
2!3 JUL 14 fiiO 53
SENATE
KiiC,,
S. No.
■A O.
Introduced by Senator Francis 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
EXPLANATORY NOTE
In 2023, 1.9% of all deaths registered with the Philippine Statistics Authority 
were from land transport accidents alone- the highest recorded number of deaths 
attributed to this cause in the past decade. Furthermore, the annual number of land 
transport-related accidents has been steadily increasing in the same period, from 
8,405 in 2010 to 12,764 in 2019, or about 10,030 annually.
Consequently, and in light of repeated incidents of horrific accidents involving 
common carriers, legislation must provide a corrective policy by increasing the penaity 
for criminal negligence committed by the same.
Statutorily, 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. Unfortunately, this provision of law 
merely covers civil liability of common carriers to their passengers and excludes 
criminal liability.


The criminal liability of common carriers is found in Article 365 of the Revised 
Penal Code, Criminal Negligence, which provides imprisonment of arresto mayor to 
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.
The penalty for criminal negligence may no longer be applicable considering 
the way common carriers, especially buses, have lightly treated their obligation under 
existing laws. Thus, that utmost diligence required of them must be made stringent 
by an increase in criminal sanction.
This bill alms 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 case of death.
It is submitted that with this increase in penalty for criminal negligence 
committed by common carriers, especially buses, road safety will be improved and 
may put an end to reckless and irresponsible driving.
FRANCIS G. E9CUDERO


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TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
'S JIJL 14 A1Q:54
SENATE
S. No.
4S0
Introduced by Senator Francis 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 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 correccionai in its 
medium period; if it would have constituted a less grave felony, the 
penalty of arresto mayor \n its minimum and medium periods shall be 
imposed; if it would have constituted a light felony, the penalty of 
arresto menor\v\ 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\u its medium and maximum periods; 
if it would have constituted a less serious felony, the penalty of arresto 
mayor\u its minimum period shall be imposed.


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"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 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\n 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


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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 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."
Sec. 2. 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. 3. Effectivity. - This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or at least two (2) newspapers of national circulation.
Approved,