Criminal Law: Revised Penal Code – Book Two

Title Fourteen: Quasi-Offenses (Crimes Committed by Negligence)

Definition of Quasi-Offenses

Quasi-offenses are defined under Articles 365 of the Revised Penal Code (RPC). These are acts or omissions committed by individuals without malicious intent but due to recklessness, imprudence, negligence, or lack of foresight. These offenses punish acts resulting in damage to persons or property, even if the intent to harm is absent.

Key Principles of Quasi-Offenses

No Malice Required
Quasi-offenses differ from other crimes because intent or malice (dolo) is absent. Instead, they are based on culpa (fault) or negligence.
Criminal Liability Exists Despite Lack of Intent
Criminal liability arises from the failure to exercise the required diligence expected of a reasonable person under similar circumstances.
Application of Fault (Negligence)
The culpability stems from imprudence or negligence that creates an undue risk of harm, which could have been foreseen and avoided.
Distinction Between Imprudence and Negligence
- Reckless Imprudence: An act with conscious indifference to consequences, but no intent to cause harm.
- Simple Imprudence: A lack of precaution due to carelessness or failure to foresee the potential harm of an act or omission.

Article 365: Reckless Imprudence and Simple Negligence

This article penalizes individuals for quasi-offenses resulting in the following:

A. Resulting in Death

Penalty: Prision correccional in its medium and maximum periods (from 2 years, 4 months, and 1 day to 6 years).
If only slight negligence is proven, the penalty is reduced to arresto mayor (from 1 month and 1 day to 6 months).

B. Resulting in Physical Injuries

Serious Physical Injuries: Penalty is based on the extent of the injuries caused.
- Reckless imprudence: Arresto mayor in its maximum period to prision correccional in its minimum period.
- Simple imprudence: Arresto menor to arresto mayor.
Less Serious Physical Injuries: Penalty is arresto menor in its maximum period to arresto mayor in its minimum period.
Slight Physical Injuries: Penalty is a fine or arresto menor.

C. Resulting in Damage to Property

Penalty is based on the value of the property damaged:
- Reckless imprudence: Arresto mayor in its medium and maximum periods, or a fine.
- Simple imprudence: Arresto menor or fine.

Degrees of Negligence and Recklessness

Negligence under quasi-offenses is assessed on the following standards:

Gravity of Negligence: Recklessness (severe carelessness) results in harsher penalties than simple negligence.
Proximate Cause: The negligent act must be the direct cause of the injury, death, or damage.

Special Rules Under Article 365

Complex Quasi-Offenses
When a single negligent act results in multiple consequences (e.g., injury to multiple persons), only one penalty is imposed. However, the penalty is based on the most serious result and increased by one degree.
Subsidiary Liability
If the convicted individual cannot pay damages, their employer may be held subsidiarily liable under civil law provisions, provided that the employee acted within the scope of their duties.
Prescription of Quasi-Offenses
The prescriptive period for filing charges depends on the penalty:
- Imprisonment of less than 6 years: Prescribes in 5 years.
- Fines or penalties of less than 1 year: Prescribes in 1 year.

Relation to Civil Liability

A person convicted of a quasi-offense is also liable for civil damages under Article 2176 of the Civil Code, which governs quasi-delicts. Civil liability under this provision may exist even if the accused is acquitted in the criminal case, as the threshold for proving negligence in civil cases is lower.

Jurisprudence on Quasi-Offenses

Case Law Interpretation: Courts emphasize that negligence must be gross and patent to warrant criminal liability. Slight lapses in diligence may not amount to a quasi-offense.
Illustrative Cases:
- People v. Noriega: Highlighted the difference between recklessness and ordinary negligence.
- Pangan v. People: Affirmed that failure to foresee the consequences of an act amounts to recklessness when it endangers public safety.

Practical Applications of Article 365

Traffic Accidents: The most common quasi-offenses arise from vehicular collisions due to reckless driving.
Construction Accidents: Faulty safety precautions that result in injury or death.
Medical Negligence: If a healthcare provider fails to observe proper standards, resulting in harm.

Key Takeaways for Legal Practitioners

Establish whether the negligence is reckless or simple to determine the applicable penalty.
Gather evidence on the proximate cause of the injury or damage.
Focus on mitigating circumstances, such as contributory negligence by the victim, to reduce liability.

By understanding and applying these principles, lawyers can effectively handle cases under Title Fourteen of the Revised Penal Code.