What is reckless imprudence under Article 365?

Answer

Reckless imprudence is committed when a person voluntarily, but without malice, does or fails to do an act from which material damage results, because of an inexcusable lack of precaution (Article 365 of the Revised Penal Code). It is the basis for criminal liability in many accidents — most often vehicular — where there was no intent to cause harm but a failure to take due care.

The penalty depends on what the act would have been if intentional: heavier if it would have been a grave felony (such as causing death), lighter if a less grave or light felony. Where the act causes only damage to property, a fine is imposed.

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