Lex Rex Ph

Criminal Negligence

Imprudence is an act of carelessness (reckless imprudence) which, had it been intentional, would otherwise constitute a felony (Article 365 of RPC):

  • If grave felony: Arresto mayor max to prision correccional medium
  • If less grave felony: Arresto mayor minimum
  • If light felony: P200 fine
  • If only resulting to material damages: fine shall be from equal to 3 times the value of his damaged materials

Negligence is an act of simple imprudence or negligence which would otherwise constitute a grave felony less serious felony; Causing a wrong which, if done maliciously, would have constituted to a light felony.


  • reckless carelessness


  • simple carelessness
  • causing a wrong

Elements of Negligence

  • voluntary doing or not doing, but no malice
  • which caused damages, injuries, or death
  • by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act
  • taking to consideration his occupation, degree of intelligence, physical condition and other conditions regarding persons, time, and place. 
Reckless ImprudenceSimple Imprudence or negligence
Without MaliceWithout Malice
Would constitute a felony if intentionalWould constitute a felony if intentional
Inexcusable lack of precautionLack of precaution by the impending damage was not immediate
Based on personal or surrounding circumstancesDanger not clearly manifest


Question: A poured gasoline to his car which then ignited flame from a candle, causing the burning of the house and the deaths of the residents. Had it been intentional, it would have constituted arson with homicide, which is a felony. A did an act by reason of inexcusable lack of precaution. What is the crime?

B left his gun at a chair in a children’s party. One of the children bumped the chair, the gun fell and fired, causing the considerate shock among the children.

“Negligence is established because of the person’s causality…nonchalance, nay, indifference…he glaringly exhibited a lackadaisical attitude… a conduct totally abhorrent…considering he is not a novice.” – Magaling vs. Peter Ong

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