Criminal Law › The Revised Penal Code – Book Two
N. Title XIV – Quasi-offenses
M. Title Fourteen - Quasi-Offenses (Article 365)
Punishable Acts:
- Committing through Reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony.
- Committing through Simple imprudence or negligence an act which would otherwise have constituted a grave or a less serious felony.
- Causing damage to the Property of another through reckless imprudence or simple imprudence or negligence.
- Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light Felony. [Art. 365, Revised Penal Code]
Note: Reckless imprudence and simple imprudence or negligence under Article 365 are distinct quasi-offenses; the resulting harm determines the applicable penalty. [Art. 365, Revised Penal Code]
M. Title Fourteen - Quasi-Offenses (Article 365)
Requisites for the Emergency Rule to Apply:
Reckless Imprudence is a Single Crime
Its consequences on persons and property are material only to determine the penalty, thus a conviction or acquittal for an Article 365 quasi-offense bars a later prosecution for another consequence arising from the same careless act [Ivler v. San Pedro, G.R. No. 172716 (November 17, 2010)].
Offender must not be a participant in the meeting
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, the offense is Unjust Vexation.
Authorities
- Ivler v. San Pedro, G.R. No. 172716, 17 November 2010
- Revised Penal Code, Sec. 365