What is the difference between reckless and simple imprudence?

Answer

Reckless imprudence is an inexcusable lack of precaution where the danger is clearly manifest and the damage about to be caused is immediate — the person plainly should have foreseen the harm. Simple imprudence or negligence is a lesser failure of precaution, where the impending damage is not immediate and the danger is not clearly manifest (Article 365).

The distinction matters because reckless imprudence carries the heavier penalty range, while simple imprudence is punished more lightly. Which applies turns on how foreseeable and immediate the danger was at the time of the act.

Sources & further reading

• RPC Art. 365 — imprudence and negligence
• Full report: reckless imprudence

Cases on this topic

• Aniceto Ibabao v. People
• Asis v. Ronquillo
• Calang v. People
• Francis O. Morales v. People
• George Manantan v. Court of Appeals
• Grumo, Jr. v. People
• Hedy Gan y Yu v. Court of Appeals
• Inocencio Tugade v. Court of Appeals

Related questions

• What is reckless imprudence under Article 365?
• What is the penalty for reckless imprudence resulting in homicide?
• Can I file a separate civil case for a vehicular accident?
• What happens if a driver fails to help the accident victim?