Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILL No. 3465

Introduced by Representative Giorgidi B. Aggabao

EXPLANATORY NOTE

This bill is an offshoot of the case, Jason Ivler Aguilar vs, Hon. Maria Rowena
Modesto San Pedro et al., G.R. No. 172716, promulgated by the Supreme Court on
November 17, 2010.

The case stemmed from a vehicular accident that transpired in 2004. Accused
Jason Ivler Aguilar crossed into the opposite lane and smashed into an incoming vehicle
that resulted in the death of Nestor Ponce, a ranking Malacaftang official, and injuries to
his wife, Evangeline Ponce.

‘The state filed two (2) separate cases with the Metropolitan Trial Court of Pasig;
(1) Reckless imprudence Resulting in Slight Physical Injuries for the Injuries sustained
by Evangeline Ponce; and (2) Reckless Imprudence Resulting in Homicide and Damage
to Property for the death of Nestor Ponce and damage to the spouses Ponce’s vehicle.

Here is the interesting and clever legal maneuver made by Ivler : He pleaded to
the lesser offense of Reckless Imprudence Resulting in Slight Physical Injuries, and was
meted a penalty of public censure. He then moved to quash the more serious offense of
Reckless Imprudence Resulting In Homicide and Damage to Property, on the ground of
double jeopardy.

A legal tussle ensued which eventually reached the highest court of the land. On
review, the Supreme Court ruled that double jeopardy is in play, therefore, the second
and more serious offense must be dismissed.


‘The case has a surreal twist to it. Ivler has undoubtedly killed a person, injured
his wife and damaged their vehicle. Yet, because of a loophole in the law, the Supreme
Court had no option but to accord to the accused the protection of double jeopardy. In a
nutshell, Ivler played by a deficient rulebook. Thus he escaped with only a rap on the
knuckle.

‘This bill addresses this loophole. It emphasizes that quasi-offenses is a single
offense which cannot be split into different crimes and penalties, and that the gravity of
the consequence is only taken into account to determine the imposable penalty.
Furthermore, the penalty corresponding to the most serious offenses shall be applied in
its maximum period.

In view of the importance of this bill, it is earnestly requested that it be approved

posthaste.
ee ew



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No3465.

Introduced by Representative Giorgidi B. Aggabao

AN ACT
AMENDING ARTICLE 365 OF THE REVISED PENAL CODE, AS AMENDED,
BY PROVIDING A MORE COMPREHENSIVE SENTENCING FORMULA
FOR QUASI OFFENSES

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

Title Fourteen
QUASI OFFENSES

Sole Chapter
CRIMINAL NEGLIGENCE

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 prison 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 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 arresto mayor in its minimum period shall be imposed.


ARRESTO MENOR IN ITS MEDIUM AND MAXIMUM PERIODS SHALL
BE IMPOSED UPON ANY PERSON WHO, BY SIMPLE IMPRUDENCE OR
NEGLIGENCE SHALL CAUSE SOME WRONG WHICH, IF DONE MALICIOUSLY,
WOULD HAVE CONSTITUED A LIGHT FELONY.

WHEN THE EXECUTION OF THE ACT COVERED BY THIS ARTICLE
SHALL HAVE RESULTED IN TWO OR MORE INJURIOUS ACTS WHICH
WOULD CONSTIUTE TWO OR MORE FELONIES HAD THE ACTS BEEN
INTENTIONAL, THE OFFENDER SHALL BE PROSECUTED UNDER A SINGLE
CHARGE FOR ALL RESULTING INJURIOUS ACTS, WHETHER PENALIZED AS
GRAVE, LESS GRAVE OR LIGHT FELONIES AND IN CASE OF CONVICTION,
SHALL BE METED THE MOST SEVERE PENALTY TO BE IMPOSED IN ITS
MAXIMUM PERIOD .

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 shall be less than [twenty five] TWO HUNDRED pesos.

[A fine not exceeding 200 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 64.

‘The provision contained in this article shall not be applicable x x x
Reckless imprudence consists. x x x
Simple imprudence consists x x x

‘The penalty next higher in degree x x x

‘Approved,