I.

INTRODUCTION

Ever since the old times, we often get to see or hear over
the television or radio that there are cases of accidents
that are happening along the roads and often involve cars or
vehicles may it be public or private.

These are the reasons why many drivers who are tasked to
carry their passengers like the Good father of the family
face trials and suits once they failed to perform their
tasks and duties once handling their vehicles which cause
various injuries and loses to many people who are just
wanting to go safely to their respective destinations.

Reckless Imprudence is how the legislators term the offense

once

driver

or

carrier

failed

to

observe

care

and

diligence once driving their vehicles and causes injury or

damage to the life, person and property of another.

But

the

biggest

question

is

that,

does

every

cases

of

vehicular accident can be considered as Reckless Imprudence

which can be imputed to a person driving and which can held
him liable to the punishment intended for the violators of
the said crime? Another is that, how can one be proven
guilty for committing reckless imprudence.
This research paper focuses on the real meaning of Reckless
Imprudence and as well as the factors to be considered in
order

for

person

to

be

held

answerable

to

Reckless

Imprudence Resulting to damage to Person and property.

General Discussions/Enlightenment about reckless driving

Driving is such an indelible part of modern life that every
state has a complex system of laws governing how people must
act when operating a vehicle. Because vehicles are
potentially so dangerous, driving in a reckless or unsafe
manner is a crime in itself. Anyone charged with this crime
faces significant penalties.
The crime of reckless driving occurs whenever someone
operates a vehicle in such a way that it poses a risk to
others. Unlike some other traffic laws, such as speeding
violations, reckless driving is highly dependent on the
circumstances of each individual case. Though many states
list specific actions that qualify as reckless driving,
drivers can be convicted of this crime whenever they drive
in an unreasonably dangerous manner.

Factors. Courts weigh a number of factors when

determining what constitutes reckless driving. These
include the time of day, the weather conditions
present, the presence of other people or animals, the
qualities of the vehicle, a driver's familiarity with
the area, as well as numerous other factors.

Beyond negligence. Reckless driving is more than simply

making a mistake or being negligent while driving. A
driver has to act willfully and with an active
disregard for safety. However, a prosecutor does not
have to necessarily show the driver's mental state at
the time. It's enough for the prosecution to show that
2

the circumstances surrounding the event either caused

the driver to know, or the driver should have known,
that the driving was not safe.

Safety risk. While reckless driving necessarily

involves a heightened amount of danger to other people,
a prosecutor does not have to show that other people
were actually placed in jeopardy. Reckless driving can
occur even if no one else is on the roadway or there is
no property damaged. It's enough for drivers to
endanger their own lives or risk damaging their own
property to qualify as reckless drivers.

Per Se reckless. Some states have laws that list

specific conditions that automatically qualify as
reckless driving. These are known as per se
conditions. This simply means that a driver acted
recklessly if the prosecutor can show that even one of
the specified conditions is present. Some common per se
factors include speeding 20 mph or more above a posted
speed limit, passing a school bus, passing at a
railroad crossing, or participating in a street race.

Penalties

Reckless driving is one of the more serious traffic offenses

a person can commit. If you are convicted of reckless
driving, you face significant penalties that often include
jail, fines, and the revocation of your license. Though
penalties differ significantly among states and depend on
3

the circumstances of the case, reckless driving charges

typically bring with them a range of penalties.

Jail or prison. Reckless driving is often categorized

as a misdemeanor offense, meaning that a person
convicted of the crime faces up to one year in jail.
However, a small number of states also allow the crime
to be charged as a felony, meaning a conviction can
bring a year or more in a state prison. Felony charges
are often filed in situations where someone was injured
as a result of the reckless driving.

Fines. Fines are a very common penalty when a person is

convicted of reckless driving. The amount of the fine
can differ widely based on the state and circumstances
of the crime, but they usually range from several
hundred to several thousand dollars.

Probation. Probation sentences are also possible with

reckless driving convictions, though they are highly
dependent on the circumstances of the case and the
driver's driving history. If a court sentences you to
probation, it will require you to comply with specific
terms, such as finding a job, making regular visits to
a probation officer, and not committing any crimes or
other traffic violations. If you violate the terms of
probation, the court may revoke it and force you to
serve a jail or prison sentence instead. Probation
typically lasts 12 months or more.

License suspension. A person convicted of reckless

driving also faces the possibility of a license
suspension or revocation. State laws typically include
a mandatory suspension of at least 30 days whenever a
person is convicted of reckless driving. If the driver
has previous reckless driving convictions or other
traffic violations, lengthier suspensions and even
permanent license revocation is also possible.

Speak to an Attorney

Anyone facing a reckless driving charge should always

consult a local criminal defense attorney before taking any
further steps in your case. A local attorney will know how
local prosecutors and courts handle reckless driving
charges, what the state requirements are, and will have
experience dealing with reckless driving and other traffic
offenses. Even if you have never been convicted of a crime
and don't believe you are guilty of the charge, reckless
driving is a serious offense that has significant
consequences, including an impact on your ability to obtain
insurance. Don't dismiss a reckless driving charge as simply
another traffic ticket, and speak to a criminal defense
attorney as soon as possible.

Department of Justice in the Philippines defines

Reckless Imprudence.

Manila, Philippines - The Department of Justice (DOJ) issued

yesterday an advisory defining reckless driving and warning
motorists to refrain from committing actions that fall under
its definition.
In her third public advisory, Justice Secretary Leila de
Lima reminded motorists that reckless driving including
over-speeding, drunk driving and distracted driving is
punishable under Republic Act 4136.
There are many road accidents and we have so-called killer
highways so we find it necessary to remind the public that
reckless

driving

is

violation

that

has

corresponding

penalty under the law, she said at a press conference.

The DOJ advisory defined reckless driving as the act of
operating
considering

motor
the

vehicle
width,

without
traffic,

reasonable
grades,

caution
crossing,

curvatures, visibility and other conditions of the highway

and the conditions of the atmosphere and weather, or so as
to endanger the property or the safety or rights of any
person, or so as to cause excessive or unreasonable damage
to the highway.
It explained that the law penalizes such offense with a fine
of P1,200 without prejudice to confiscation of the drivers
license. It stressed that reckless driving need not result
in other compounding crimes like homicide, physical injuries
to damage to properties for it to warrant conviction.
In a nutshell, every time a person operates a motor vehicle
6

in violation of traffic rules, at the risk of harming others

and with less than the full attention, focus and skill
required of every driver, he is driving recklessly, the
advisory

added.

If

there

is

compounding

offense,

the

Revised Penal Code shall apply, it explained.

Over-speeding is a traffic violation where a driver exceeds
the

maximum

speed

limit

imposed

on

particular

road.

Authorities had imposed a limit of 60 kilometers per hour

along Commonwealth Avenue to curb the frequency of accidents
along this road.
Driving under the influence of alcohol or drunk driving is
defined as the act of operating a motor vehicle while in a
state

of

alcohol

intoxication,

content

level

specifically

of

0.06

while

percent.

having

This

blood

offense

is

punishable with a fine ranging from P2,000 to P5,000, or

imprisonment of three to six months, or both.
Lastly, distracted driving is the act of operating a motor
vehicle while, at the same time, focusing ones attention on
other activities not related to driving, including using
mobile phones.
To avoid such offenses, the DOJ advised motorists not to
engage

in

distracting

activities

while

driving,

being

careful when driving through accident-prone areas, and being

vigilant.
Earlier this year, the DOJ issued two public advisories
touching on checkpoints and transnational drug trafficking.
7

II.

DEFINITION OF TERMS
1. ACCIDENTS- it is a fortuitous event happening all
over

the

country

which

were

not

expected

by

the

people who might be a victim of injuries or loses.

2. CAR- a medium of transportation driven by a person
who

is

tasked

to

carry

the

passengers

to

their

respective destinations safely.

3. DRIVER- a person tasked to make the vehicles run and
t carry the passengers to the place where they are
intending to go.
4. DILIGENCE- the quality of a person being capable of
following

the

instructions

and

being

faithful

to

their duties.
5. DAMAGE-

something

that

is

not

good

and

often

considered as misfortune to other person or even to

properties.
6. INJURIES- something that causes harm to a person and
can make them feel hurt. It comes in different forms
may

it

be

personal,

emotional

or

even

economic

injuries.
7. LEGISLATORS-people who are tasked to make laws. Them
being the authors are often regarded as the leaders
8

of the country and expected to be the number one

followers of the laws that they have created.
8. PASSENGERS- people who are taking the public utility
vehicles in order for them to reach their respective
destinations.
9. RECKLESS IMPRUDENCE- the crime or an offense often
committed by a person who failed to observe care in
driving a vehicle that caused injury or damage over
the person or property of another.
10.

SUITS- cases brought before the court of law in

order to hear the both sides of the parties and

being judge depending on the merits and weight of
the evidences presented by both parties.
11.

VEHICLES-machine operated objects intended to be

driven

by

person

in

order

to

reach

their

respective destinations.
12.

Motor Vehicle" shall mean any vehicle propelled by

any power other than muscular power using the public

highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers,
bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles
which run only on rails or tracks, and tractors,
trailers and traction engines of all kinds used
exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled
or intended to be propelled by attachment to a motor
vehicle, shall be classified as separate motor
9

vehicle with no power rating.

13.

"Driver"

shall

mean

every

and

any

licensed

operator of a motor vehicle.

14.

"Professional driver" shall mean every and any

driver hired or paid for driving or operating a

motor vehicle, whether for private use or for hire
to the public.
15.

Any person driving his own motor vehicle for hire

is a professional driver.
16.

Highways" shall mean every public thoroughfare, public boulevard, driveway,

avenue, park, alley and callejon, but shall not include roadway upon grounds
owned by private persons, colleges, universities, or other similar institutions.

17.

Passenger automobiles" shall mean all pneumatic-

tire vehicles of types similar to those usually

known under the following terms: touring car,
command car, speedster, sports car, roadster, jeep,
cycle, car (except motor wheel and similar small
outfits which are classified with motorcycles),
coupe, landaulet, closed car, limousine, cabriolet,
and sedan.
Motor vehicles with changed or rebuilt bodies, such
as jeepneys, jitneys, or station wagons, using a
chassis of the usual pneumatic-tire passenger
automobile type, shall also be classified as
passenger automobile, if their net allowable
carrying capacity, as determined by the Commissioner
of Land Transportation, does not exceed nine
10

passengers and if they are not used primarily for

carrying freight or merchandise.
The distinction between "passenger truck" and
"passenger automobile" shall be that of common
usage: Provided, That a motor vehicle registered for
more than nine passengers shall be classified as
"truck": And Provided, further, That a "truck with
seating compartments at the back not used for hire
shall be registered under special "S"
classifications. In case of dispute, the
Commissioner of Land Transportation shall determine
the classification to which any special type of
motor vehicle belongs.
III. REVIEW OF RELATED LITERATURE
A. MEANING OF RECKLESS IMPRUDENCE
Reckless imprudence consists in voluntarily, but without
malice, doing or failing to do an act from which material
damage

results

precaution

on

by
the

reason
part

of

of

inexcusable

the

person

lack

performing

of
or

failing to perform such act, taking into consideration

his

employment

physical

or

condition

persons,

occupation,
and

other

degree

of

intelligence,

circumstances

time,

and

regarding
place.

On the other hand, simple imprudence consists in the lack

of

precaution

displayed

in

those

cases

in

which

the

damage impending to be caused is not immediate nor the

danger clearly manifest.
11

A. PENALTY FOR RECKLESS IMPRUDENCE

Under

Art. 365 of the Rev. Penal Code

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

penalty

have
of

constituted

arresto

mayor

a
in

less
its

grave

felony,

minimum

and

the

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.
In the same way, the aforecited

Art. 365 provides that any

person who, by simple imprudence or negligence, shall commit

an

act

which

would otherwise

constitute

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.

B. PENALTY TO DAMAGE TO PROPERTIES

Article 365 provides that 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.

12

C. PENALTY FOR LIGHT FELONY

A fine not exceeding two hundred pesos and censure shall
be imposed upon any person who, by simple imprudence or
negligence,

shall

cause some

wrongwhich,

if

done

maliciously, would have constituted a light felony.

D. EXCEPTIONS
Article 365 of the Revised Penal Code is not applicable to
the following situations:

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.

The revised Penal Code also provides that under Art 365,
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. (As amended by R.A. 1790, approved
June 21, 1957).
13

E. REPUBLIC ACT NO. 10586 (Anti-Drunk and Drugged Driving

Act of 2013)

a. PUNISHABLE ACTS
Sec. 5 of RA 10586 (Punishable Act) provides that it
shall be unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances.

b. MANDATORY TESTS
Sec.

(Refusal

to

Subject

Oneself

Tests) of the said provides that a

motor

vehicle

who

refuses

to

undergo

to

Mandatory

driver of a
the

mandatory

field sobriety and drug tests under Sections 6, 7 and

15 of this Act shall be penalized by the confiscation
and

automatic

revocation

of

his

or

her

drivers

license, in addition to other penalties provided herein

and/or other pertinent laws.

c. PENALTIES UNDER REPUBLIC ACT 10586

The penalties imposed by the said law are contained in
Sec.

12

(Penalties)

thereof.

It

provides

that

driver found to have been driving a motor vehicle while

under the influence of alcohol, dangerous drugs and/or
other similar substances, as provided for under Section
5 of this Act shall be penalized as follows:
(a) If the violation of Section 5 did not result in
physical injuries or homicide, the penalty of three (3)
months imprisonment, and a fine ranging from Twenty
14

thousand pesos (Php20,000.00) to Eighty thousand pesos

(Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical
injuries, the penalty provided in Article 263 of the
Revised Penal Code or the penalty provided in the next
preceding

subparagraph, whichever

fine ranging

from

(Php100,000.00)

to

One
Two

is

higher, and

hundred

thousand

pesos

hundred

thousand

pesos

(Php200,000.00) shall be imposed;

However, it was explicitly provided under

Art. 12 of RA

10586 that the prosecution for any violation of this Act

shall

be without

prejudice to

criminal

prosecution

for

violation of the Revised Penal Code, Republic Act No. 9165

and

other

special

laws

and

existing

local

ordinances,

whenever applicable. The crime defined under RA 10586, a

special law, is classified as malum prohibitum. The offender
may still be prosecuted under Art. 365, et. seq. of the Rev.
Penal

Code,

where

the

offenses

defined

therein

are

classified as mala en se.

d. DIRECT CRIMINAL AND CIVIL LIABILITIES

OF THE OPERATOR

Sec. 13 (Direct Liability of Operator and/or Owner of

the

Offending

Vehicle) of

RA

10586

provides

that

the owner and/or operator of the vehicle driven by the

offender shall be directly and principally held liable
together with the offender for the fine and the award
against the offender for civil damages unless he or she
15

is

able

to

convincingly

prove

that

he

or

she

has

exercised extraordinary diligence in the selection and

supervision of his or her drivers in general and the
offending driver in particular.

The said section provides that it shall principally

apply to the owners and/or operators of public utility
vehicles and commercial vehicles such as delivery vans,
cargo

trucks,

container

trucks,

school

and

company

buses, hotel transports, cars or vans for rent, taxi

cabs, and the like.

F. DECIDED CASES FOR RECKLESS IMPRUDENCE

a. CALIMUTAN vs. PEOPLE, [G.R. No. 152133. February 9,

2006.]
A man was found guilty of reckless imprudence resulting
in homicide when he threw a stone at a distance of ten
meters and hit the victim at the back of the head. The
victim

subsequently

died

from

the

head

injury. The

victim had attacked the accuseds companion who was

much smaller than the victim. Even if his intent was
just to drive away the victim, he was still found
guilty. The court found that the act was committed
with

inexcusable

lack

of

precaution.

He

failed

to

consider that a stone the size of a man's fist could

inflict

substantial

injury

on

someone.

He

also

miscalculated his own strength, perhaps unaware, or

16

even completely disbelieving, that he could throw a

stone with such force as to seriously injure, or worse,
kill

someone,

meters.

He

at

was

quite

also

lengthy

found

distance

civilly

of

ten

liable

for

[G.R.

No.

damages.

b. ESTACION

vs.

BERNARDO,

et

al.

144723. February 27, 2006.]

A driver was sentenced to four months in prison for
hitting a passenger of another vehicle that had stopped
at a road shoulder. This resulted in the amputation of
the passengers leg. A separate civil case was filed
resulting in the award of damages as well.

These cases simply serves as our constant reminder that the

price

of

any

lack

of

precaution

exposes

you

to

legal

charges, having to pay damages or post bail or possibly

imprisonment or all of the above. A separate civil case can
be filed apart from criminal charges. So it is possible that
you have to face litigation on two fronts. The worst would
be having to face your own conscience, in case you took the
life of another or disabled someone permanently.
Please

note,

however,

that

if

there

is

only

damage

to

property, the most you can get is a fine and damage, but no
prison time. But when life and limb are affected, you do
face imprisonment as well. Loss of liberty is something that
cannot be easily measured as you can be taken away from your
present life and family.
17

B. CONCLUSION
This research paper therefore concludes that:
1. Reckless Imprudence is indeed one of the crimes that is
very rampant in our society now a days being it capable
of happening everywhere when the driver is not careful
of his actions as the carrier.
2. Our drivers should really observe an extraordinary care
as that of a good Father of the Family so as to avoid
injuries and damages to the person and properties of
another and so as to avoid the consequences of being
convicted of the crime of Reckless Imprudence.
3.

Our legislators are really exerting effort in order

for them to correct the wrong doings of the drivers,
being able to drive even if they know that they are
18

under

the

influence

of

alcoholic

beverages

before

driving by implementing this kind of sanction towards

the

carriers.

They

are

also

being

fair

to

the

passengers who have suffered from injuries and losses

because of the carelessness of the drivers.
4. Reckless Imprudence is one of the many sanctions in the
Philippines intended to promote justice to both the
drivers and the passengers by giving both parties of
what is due for them.
C. RECOMMENDATIONS
It is strongly recommended by this research paper that:
1. The drivers being tasked to carry the passengers to
their respective destinations must take it as their
responsibility to observe due diligence as a good
father

of

the

family

taking

good

care

of

their

passengers by following the dos and donts laid down

by the rules.
2. The

passengers

properly

must

while

also

inside

be

careful

the

car

by
or

behaving
public

transportation so as not to be harmed because it is

not all the time that all of their injuries and
looses due to accidents while inside a vehicle can
be imputed to the drivers and that the law is not
always in favor of them though they are the ones who
suffer the pains of injuries.
3. The legislators and the leaders must bear in mind
that it is their primary task and duty to promote
teg observance of law in our country that is why
they

are

expected

to
19

discharge

their

duties

and

functions in a fair, just and selfless manner.

D. BIBLIOGRAPHY

BOOKS

The Revised Penal Code, Paras, 2011

INTERNET

http://lawsandpolitics.blogspot.com/2010/02/reckl
ess-imprudence.html

http://sc.judiciary.gov.ph/jurisprudence/2009/may
2009/147437.htm

http://www.livingincebuforums.com/ipb/topic/14549
-what-is-reckless-imprudence/

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