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 Imprudence | Simple Imprudence or negligence |
| Voluntary | Voluntary |
| Without Malice | Without Malice |
| Would constitute a felony if intentional | Would constitute a felony if intentional |
| Inexcusable lack of precaution | Lack of precaution by the impending damage was not immediate |
| Based on personal or surrounding circumstances | Danger not clearly manifest |
Examples:
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?
CRIME: RECKLESS IMPRUDENCE RESULTING IN ARSON, HOMICIDE, SERIOUS PHYSICAL INJURIES, AND DAMAGE TO PROPERTY.
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.
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
English