Imprudence is an act of reckless imprudence, which, had it been intentional, would constitute a grave felony, less grave felony, or a light felony.
- voluntary but no malice
- doing or failing to do an act
- which caused material damage
- by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act
- taking to consideration his occupation, degree of intelligence, physical condition and other conditions regarding persons, time, and place.
- A poured gasoline to his car which then ignited flame from a candle, causing the burning of the house and the deaths of the residents. Had it been intentional, it would have constitute arson with homicide, which is a felony. A did an act by reason of inexcusable lack of precaution. CRIME: RECKLESS IMPRUDENCE RESULTING IN ARSON, HOMICIDE, SERIOUS PHYSICAL INJURIES, AND DAMAGE TO PROPERTY.
- B left his gun at a chair in a children’s party. One of the children bumped the chair, the gun fell and fired, causing the considerate shock among the children. Placing a gun there constitutes inexcusable negligence. Since the negligent act resulted to considerate shock and fear, CRIME IS: SIMPLE NEGLIGENCE RESULTING IN ALARM AND SCANDAL>
Negligence is an act of simple imprudence or negligence which would otherwise constitute a grave felony, less serious felony. It is causing a wrong which, if done maliciously, would have constituted to a light felony.
|Reckless Imprudence||Simple Imprudence|
|Without Malice||Without Malice|
|Would constitute a felony if intentional||Would constitute a felony if intentional|
|Inexcusable lack of precaution||Lack of precaution by the impending damage was not immediate|
|Based on personal or surrounding circumstances||danger not clearly manifest|