Article 365 of the Revised Penal Code: Imprudence and negligence
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 384 (Changed the fifth paragraph; the whole article was later rewritten.)
- Amended by: Republic Act No. 1790 (Wording as amended by this law.)
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 365 say?
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 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.
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 (3) times such value, but which shall in no case be less than Five thousand pesos (P5,000).
A fine not. exceeding Forty thousand pesos (P40,000) 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 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 (2) 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 in its medium and maximum periods.
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. 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 those 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 his hands to give.
What does it mean in plain language?
Article 365 punishes crimes committed through carelessness instead of intent, such as a road crash that kills or injures someone. The penalty depends on what the act would have been if done on purpose: for a result that would be a grave felony, like homicide, it is arresto mayor in its maximum period to prision correccional in its medium period (4 months and 1 day to 4 years and 2 months). Damage to property alone is punished by a fine, and failing to help the victims raises the penalty.
This is the article behind charges like "reckless imprudence resulting in homicide" or "reckless imprudence resulting in damage to property". It applies to drivers, but also to anyone whose careless act causes harm.
How does it work in real life?
Jun: texting while driving
Jun is texting while driving and rear-ends a jeepney. Three passengers get minor bruises and the jeepney's bumper is damaged. Under Ivler, this is one case of reckless imprudence resulting in slight physical injuries and damage to property, not four separate cases.
Rey: backing into a gate
Rey backs his car into his neighbor's gate. The repair costs ₱12,000 and nobody is hurt. This is damage to property only, so the fine ranges from ₱12,000 (the value) to ₱36,000 (three times the value).
Ana: a pedestrian at night
Ana's tricycle hits a pedestrian at night and the pedestrian dies. If the prosecutor proves reckless imprudence, the penalty is 4 months and 1 day to 4 years and 2 months. If a violation of the Automobile Law is also proven, the exception applies: 2 years, 4 months and 1 day to 6 years. If Ana drives away without helping, the penalty is one degree higher.
What does this mean in practice?
- Civil damages. Besides the penalty, the court may order the offender to pay damages. In People v. Jugueta (2016), the Supreme Court set ₱50,000 civil indemnity and ₱50,000 moral damages for consummated crimes resulting in death with divisible penalties, including reckless imprudence resulting in homicide. See damages for death in a criminal case.
- After a crash. See what to do after a road accident and the LTO guides.
- Deadline. Prescription depends on the penalty under Article 90: for example, crimes punishable by arresto mayor prescribe in five years.
- For the full guide on penalties, see reckless imprudence penalty.
What are the penalties under Article 365?
| What the act would have been if intentional | Reckless imprudence | Simple imprudence or negligence |
|---|---|---|
| Grave felony (for example, homicide) | Arresto mayor maximum to prision correccional medium: 4 months and 1 day to 4 years and 2 months | Arresto mayor medium and maximum: 2 months and 1 day to 6 months |
| Less grave felony | Arresto mayor minimum and medium: 1 month and 1 day to 4 months | Arresto mayor minimum: 1 month and 1 day to 2 months |
| Light felony | Arresto menor maximum: 21 to 30 days | A fine not exceeding ₱40,000 and censure |
| Only damage to another's property | A fine from the value of the damage to three times that value, not less than ₱5,000 | Same |
The lengths come from the duration table in Articles 27 and 76. Article 9 explains the classes: a grave felony carries a penalty that is afflictive in any of its periods, a less grave felony a penalty that is correctional in its maximum period, and a light felony arresto menor or a fine not exceeding ₱40,000, or both. Homicide is punished by reclusion temporal (Article 249), an afflictive penalty, so a careless killing falls in the first row.
The property rule reads:
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 (3) times such value, but which shall in no case be less than Five thousand pesos (P5,000).
The court applies these penalties with "sound discretion", without following the usual rules of Article 64 on periods.
What are the two exceptions?
The article says its penalties do not apply in two cases:
- When the penalty for the intentional crime is equal to or lower than the penalties in the first two paragraphs. Then the court imposes the penalty next lower in degree than the one that should be imposed.
- When a death is caused by imprudence or negligence "with violation of the Automobile Law". Then the penalty is prision correccional in its medium and maximum periods: 2 years, 4 months and 1 day to 6 years.
What is reckless imprudence?
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.
In short: the person acted (or failed to act) freely and without intending harm, but was inexcusably careless. The court also considers the person's work, intelligence, physical condition and the circumstances of persons, time and place. Simple imprudence is a lighter form: a lack of precaution when the damage is not immediate and the danger is not clearly visible. See reckless imprudence in the glossary.
What if the driver leaves without helping?
The last paragraph raises the penalty:
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 his hands to give.
This is one reason why leaving the scene after a crash makes things worse. See hit and run penalty.
Can one accident lead to several cases?
No. In Ivler v. Modesto-San Pedro (2010), a driver was charged with two cases after one collision: one for slight physical injuries to a woman, and one for the death of her husband and damage to property. He was convicted in the first case. The Supreme Court dismissed the second case on the ground of double jeopardy. Quoting an earlier ruling, it explained that reckless imprudence is a single offense: whether the result affects one person or several, it "can not be split into different crimes and prosecutions". All the results of one careless act belong in one case.
What changed from the original text?
The current wording comes from Republic Act No. 10951 (2017). The article had also been amended earlier, including by Republic Act No. 1790. Compared with the original 1930 text, still printed on the Supreme Court E-Library, the current text:
- raises the top of the grave-felony penalty from prision correccional in its minimum period to its medium period, and adds the line for acts that would be light felonies;
- raises the minimum fine for damage to property from 25 pesos to ₱5,000, and the fine for simple imprudence causing a light felony from 200 pesos to ₱40,000; and
- adds the higher penalty for failing to help the injured on the spot.
Which Supreme Court rulings are relevant?
- Ivler v. Modesto-San Pedro (G.R. No. 172716)Ivler v. Modesto-San Pedro explained: one reckless act is one offense, so a driver convicted for one injury from a crash cannot be tried again for a death.
- People v. Jugueta (G.R. No. 202124)People v. Jugueta explained: the 2016 ruling that set standard civil indemnity, moral, exemplary and temperate damages for murder and homicide cases.
Frequently asked questions
What is the penalty for reckless imprudence resulting in homicide?
When the act, had it been intentional, would be a grave felony such as homicide, the penalty is arresto mayor in its maximum period to prision correccional in its medium period (4 months and 1 day to 4 years and 2 months). If the death was caused with a violation of the Automobile Law, it is prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years).
What is the penalty for reckless imprudence resulting in damage to property?
A fine from the value of the damage up to three times that value, but never less than ₱5,000.
What happens if the driver does not help the victims?
The penalty goes up. The last paragraph of Article 365 imposes the penalty next higher in degree on an offender who fails to lend on the spot to the injured parties such help as may be in his hands to give.
Can one car crash lead to several criminal cases?
Not for the results of one careless act. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that reckless imprudence is a single crime. One careless act cannot be split into separate cases for each injury, death or damage, and a conviction or acquittal for one result bars a second case.
What is the difference between reckless and simple imprudence?
Reckless imprudence is an inexcusable lack of precaution. Simple imprudence is a lack of precaution when the damage is not immediate and the danger is not clearly manifest. Simple imprudence carries lighter penalties.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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