Imprudence or Negligence of a Common Carrier

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 MO:53 SENATE Raci S. No. - Introduced by Senator Francis G. Escudero AN ACT INCREASING THE PENALTY FOR CRIMINAL NEGLIGENCE COMMITTED BY COMMON CARRIERS, FURTHER AMENDING ARTICLE 365 OF ACT NO. 3815, AS AMENDED, OR THE REVISED PENAL CODE EXPLANATORY NOTE In 2023, 1.9% of all deaths registered with the Philippine Statistics Authority were from land transport accidents alone- the highest recorded number of deaths attributed to this cause in the past decade. Furthermore, the annual number of land transport-related accidents has been steadily increasing in the same period, from 8,405 in 2010 to 12,764 in 2019, or about 10,030 annually. Consequently, and in light of repeated incidents of horrific accidents involving common carriers, legislation must provide a corrective policy by increasing the penalty for criminal negligence committed by the same. Statutorily, common carriers are required to carry their passengers safely as far as human care and foresight can provide, using utmost diligence of very cautious persons, with due regard for all the circumstances. Unfortunately, this provision of law merely covers civil liability of common carriers to their passengers and excludes criminal liability.

The criminal liability of common carriers is found in Article 365 of the Revised Penal Code, Criminal Negligence, which provides imprisonment of arresto mayor to prision correccional in its medium period, or from one (1) month to four (4) years and two (2) months, depending on the gravity of the resultant crime or felony. The penalty for criminal negligence may no longer be applicable considering the way common carriers, especially buses, have lightly treated their obligation under existing laws. Thus, that utmost diligence required of them must be made stringent by an increase in criminal sanction. This bill alms to penalize criminal negligence committed by common carriers with imprisonment ranging from arresto mayor in its maximum period to prision mayor, or from four (4) months one (1) day to six (6) months to twelve (12) years, in case of injury, depending on the extent or gravity of the injury as provided for under Title Eight, Chapter 2, on Physical Injuries, of this Act, and reclusion temporal, or twelve (12) years to twenty (20) years, in case of death. It is submitted that with this increase in penalty for criminal negligence committed by common carriers, especially buses, road safety will be improved and may put an end to reckless and irresponsible driving. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 A9:54 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT INCREASING THE PENALTY FOR CRIMINAL NEGLIGENCE COMMITTED BY COMMON CARRIERS, FURTHER AMENDING ARTICLE 365 OF ACT NO. 3815, AS AMENDED, OR THE REVISED PENAL CODE Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 365 of Act No. 3815, as amended, is hereby further

amended to read as follows: "Art. 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed. "Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

"When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos. "A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. "In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty- four. "The provisions contained in this article shall not be applicable: "1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply. "2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods. "3. WHEN BY IMPRUDENCE OR NEGLIGENCE OF A COMMON CARRIER EITHER THROUGH ITS SHIP CAPTAIN, AIRPLANE CHIEF, DRIVER, EMPLOYEE, AGENT, OPERATOR OR OWNER, THE DEATH OR INJURY OF A PERSON SHALL BE CAUSED, IN WHICH CASE THE DEFENDANT SHALL SUFFER THE PENALTY OF RECLUSION TEMPORAL, IN CASE OF DEATH, AND ARRESTO MAYOR IN ITS MAXIMUM PERIOD TO PRISION MAYOR, IN CASE

OF INJURY, DEPENDING ON THE EXTENT OR GRAVITY OF THE INJURY AS PROVIDED FOR UNDER TITLE EIGHT, CHAPTER 2, ON PHYSICAL INJURIES, OF THIS ACT. "Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. "Simple imprudence consists in the lack of precaution displayed in these cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. "The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give."

Sec. 2. Repealing Clause. - All laws, presidential decrees, executive orders,

proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days from its

publication in the Official Gazette or at least two (2) newspapers of national circulation. Approved,