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Criminal Negligence

Art.365.

IMPRUDENCE AND NEGLIGENCE

QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
1. By committing through reckless imprudence any act which, had it been intentional, would
   constitute a grave or less grave felony or light felony;
2. By committing through simple imprudence or negligence an act w/c would otherwise
   constitute a grave or a less serious felony;
3. By causing damage to the property of another through reckless imprudence or
   simple imprudence or negligence; or
2. By causing through simple imprudence or negligence some wrong w/c, if done
   maliciously, would have constitutes a light felony.

ELEMENTS OF RECKLESS IMPRUDENCE:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part of the offender, taking
   into consideration
   a. his employment or occupation,
   b. degree of intelligence, physical condition, and
   c. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:
1. That there is lack of precaution on the part of the offender; and
2. That the damage impending to be caused is not immediate or the danger is not clearly
   manifest.


Art. 64 on mitigating and aggravating circumstances is not applicable in quasi-offenses.

Qualifying circumstance in quasi-offenses: The offender’s failure to lend on-the-spot assistance
to the victim of his negligence.

Abandoning one’s victim is usually punishable under Art. 275. But if it is charged under Art.
365, it is only a qualifying circumstance, and if not alleged, it cannot even be an aggravating
circumstance.

Imprudence or Negligence is not a crime in itself, but simply a way of committing a crime.

If the danger that may result from the criminal negligence is clearly perceivable,
the imprudence is RECKLESS. If it could hardly be perceived, the criminal negligence would only be simple.

Criminal negligence is only a modality in incurring criminal liability. THEREFORE, even if there are several results arising from ONLY ONE CARELESSNESS, the accused may only be prosecuted under one count for the criminal negligence. Otherwise, double jeopardy would arise.

Technical term “Reckless Imprudence resulting in Homicide”; what is punished is not the act itself but the mental attitude or condition behind the act.

Negligence is a quasi-offense. What is punished is not the effect of the negligence
but the recklessness of the accused.

Test of Negligence: Would a prudent man foresee harm as a reasonable consequence of
the course about to be pursued? Reasonable foresight of harm, followed by ignoring of
admonition born of this provision.

Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or
which being foreseen is inevitable; implies an extraordinary circumstance independent of will of
actor; in reckless imprudence damage or injury may be preventable by exercise of reasonable
care and threatened upon conduct about to be pursued by the actor.

Contributory negligence of offended party is not a defense but only mitigates criminal liability.

Last Clear Chance Rule – The contributory negligence of the injured party will not defeat the
action if it be shown that the accused might, by the exercise of reasonable care and prudence,
have avoided the consequences of the negligence of the injured party.

Emergency Rule: A person confronted with emergency may be left with no time for thought,
must make speedy decision based on impulse or instinct, and cannot be held liable for same
conduct as one who had opportunity to reflect; applicable only when situation that arises is
sudden and unexpected, and is such as to deprive him of all opportunity for deliberation Ex.
An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even
though he did not make the wisest choice.

Emergency Rule (as a defense): one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to
avoid the impending danger, is NOT guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method UNLESS the emergency in
which he finds himself is brought about by his own negligence.

Violation of a rule or regulation or law is proof of negligence.

Reyes v. Sis. of Mercy Hospital (2000)
  Elements  involved in medical negligence cases:
    1. Duty
    2. Breach
    3. Injury
    4. Proximate causation

Garcia-Rueda v. Pascasio (1997)
MEDICAL MALPRACTICE, which is a form of negligence, consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which
is ordinarily employed by the profession generally, under similar
conditions, and in like surrounding circumstances.

Carillo v. People (1994)
The gravamen of SIMPLE NEGLIGENCE is the failure to exercise the diligence necessitated
or called for by the situation which was NOT immediately life- destructive BUT which culminated,
as in the present case, in the death of a human being 3 days later.

criminal imprudence and negligence
negligence and imprudence


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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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