Title
Supreme Court
Amendment to Penal Code on Reckless Imprudence
Law
Republic Act No. 1790
Decision Date
Jun 21, 1957
Republic Act No. 1790 amends the penalties for reckless imprudence and negligence in the Philippines, imposing varying degrees of punishment based on the severity of the offense, with exceptions for certain cases and factors taken into consideration.

Law Summary

Penalties for Reckless Imprudence

  • If by reckless imprudence an act is committed that would have been a grave felony if intentional, penalty ranges from arresto mayor (maximum) to prision correccional (medium).
  • If the act would have been a less grave felony, penalty is arresto mayor (minimum and medium).
  • If it would have been a light felony, penalty is arresto menor (maximum).

Penalties for Simple Imprudence or Negligence

  • Acts committed by simple imprudence or negligence that would be grave felonies if intentional are penalized with arresto mayor (medium and maximum).
  • For acts that would be less serious felonies if intentional, the penalty is arresto mayor (minimum).
  • Damage only to property results in a fine ranging from the value of the damage to three times the value, with a minimum fine of twenty-five pesos.

Penalties for Simple Imprudence Causing Wrong

  • For wrongs caused by simple imprudence or negligence that would be light felonies if malicious, a fine up to two hundred pesos and censure is imposed.

Judicial Discretion and Limitations of Application

  • Courts have sound discretion in imposing penalties under this article, without following rules in Article 64.
  • The article does not apply when the penalty for the offense is equal to or lower than those provided; courts impose the next lower degree penalty.
  • Automobile law violations causing death due to imprudence or negligence are penalized with prision correccional (medium and maximum).

Definitions of Reckless and Simple Imprudence

  • Reckless imprudence: Voluntary acts without malice causing damage due to inexcusable lack of precaution, considering employment, intelligence, and other situational factors.
  • Simple imprudence: Lack of precaution where danger or damage is not immediate or obvious.

Penalty for Failure to Aid Injured Parties

  • Penalty next higher in degree is imposed on offenders who fail to help injured parties on the spot.

Effectivity

  • The Act takes effect upon approval.

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