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.

Imprudence

  • reckless carelessness

Negligence

  • 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
VoluntaryVoluntary
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

Examples:

CRIME: RECKLESS IMPRUDENCE RESULTING IN ARSON, HOMICIDE, SERIOUS PHYSICAL INJURIES, AND DAMAGE TO PROPERTY.  

What is the crime? Placing a gun there constitutes inexcusable negligence. Since the negligent act resulted to considerate shock and fear, CRIME IS: SIMPLE NEGLIGENCE RESULTING IN ALARM AND SCANDA

“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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