QuestionsQuestions (Republic Act No. 1790)
RA 1790 aims to amend Article 365 of the Revised Penal Code, specifically the penalty provisions for reckless imprudence (imprudence and negligence).
The offender shall suffer arresto mayor in its maximum period to prision correccional in its medium period.
The penalty is arresto mayor in its minimum and medium periods.
The penalty is arresto menor in its maximum period.
The offender shall suffer arresto mayor in its medium and maximum periods.
The penalty is arresto mayor in its minimum period.
By a fine ranging from an amount equal to the value of the damages to three times such value, but not less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure.
Courts shall exercise sound discretion in imposing the penalties, without regard to the rules prescribed in Article 64.
First, when the penalty provided for the offense is equal to or lower than those in the first two paragraphs of Article 365, in which case courts impose the penalty next lower in degree than that which should be imposed in the period they deem proper. Second, when death is caused by imprudence or negligence with violation of the Automobile Law, in which case the defendant is punished by prision correccional in its medium and maximum periods.
Voluntarily, but without malice, doing or failing to do an act from which material damage results due to inexcusable lack of precaution, considering the person’s employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time, and place.
Lack of precaution in cases where the damage impending to be caused is not immediate nor the danger clearly manifest.
The penalty next higher in degree to those provided in the 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.
Because each type corresponds to different penalty ranges depending on what the act would have constituted if intentional (grave, less grave/less serious, or light), and also affects the presence of rules on fines when only property damage occurs.
What the act would have constituted if intentionally committed—i.e., whether it would amount to a grave felony, less serious/less grave felony, or light felony (or only property damage).
Courts are directed not to apply the Article 64 rules when determining the penalties under Article 365; instead they rely on the discretion and the specific penalty framework provided by Article 365.