(RE: PENALTY FOR RECKLESS
IMPRUDENCE)
Section 1. Article three hundred and sixty-five of
the Revised Penal Code is hereby 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
periodical 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.cralaw
"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.cralaw
"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.cralaw
"In the imposition of these penalties, the courts shall exercise their
sound discretion, without regard to the rules prescribed in article
sixty-four.cralaw
"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 courts 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
violations 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.cralaw
"Reckless imprudence consists in voluntarily, but without malice, doing
or failing 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.cralaw
"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.cralaw
"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 his hands to give."
Sec. 2. This Act shall take effect upon its
approval.
Approved: June 21, 1957
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