Reckless Imprudence: Meaning in Philippine Law
Quick answer
Reckless imprudence is causing harm to a person or property through an inexcusable lack of care, without any intent to cause it. It is a crime under Article 365 of the Revised Penal Code, which also covers the lighter "simple imprudence". Charges name the result, for example "reckless imprudence resulting in homicide" or "resulting in damage to property".
Also called: Criminal negligence, Simple imprudence
How does Article 365 define it?
Reckless imprudence consists in voluntarily, but without malice, doing or failing 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
The court weighs the person's work or occupation, intelligence, physical condition and the circumstances of persons, time and place.
How is simple imprudence different?
Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
Reckless imprudence is the more serious kind. Simple imprudence carries lower penalties.
How is it punished?
The penalty depends on what the act would have been if done on purpose:
- Would have been a grave felony (for example a death): arresto mayor in its maximum period to prision correccional in its medium period.
- Would have been a less grave felony: arresto mayor in its minimum and medium periods.
- Would have been a light felony: arresto menor in its maximum period.
- Damage to property only: a fine from the value of the damage up to three times that value, never less than ₱5,000.
- Death caused with a violation of "the Automobile Law": prision correccional in its medium and maximum periods.
- Failing to help the injured on the spot: the penalty next higher in degree.
Is one crash one case?
Yes. In Ivler v. Modesto-San Pedro (2010), the Supreme Court said that "as the careless act is single", the offense remains one and the same whether it affects one person or several. All the results of one careless act are prosecuted together, and each is penalized as Article 365 provides.
Example
Made-up illustration: Rey backs his car into his neighbor's gate. Repairs cost ₱12,000 and nobody is hurt. If the crash was due to his reckless imprudence, the fine under Article 365 runs from ₱12,000 to ₱36,000. If Rey had also injured a passerby, the injury and the damage would go into one case, not two.
Where can I read more?
See Reckless imprudence penalty, Hit-and-run penalty and What to do after a road accident. Driver's license rules are in the LTO guides.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is the difference between reckless imprudence and simple imprudence?
Reckless imprudence is an inexcusable lack of precaution. Simple imprudence is a lack of precaution where the damage about to be caused is not immediate and the danger is not clearly manifest. Simple imprudence is punished more lightly.
Can one road accident lead to several criminal cases?
Not for the same careless act. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that a single careless act under Article 365 is one offense, whatever its results, and cannot be split into separate prosecutions.
What happens if the driver does not help the injured?
The last paragraph of Article 365 imposes the penalty next higher in degree on an offender who fails to give the injured, on the spot, the help he or she is able to give.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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