Criminal Negligence

Imprudence is an act of reckless imprudence, which, had it been intentional, would constitute a grave felony, less grave felony, or a light felony.
Reckless imprudence

  • 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. 

Examples

  • 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 ImprudenceSimple Imprudence
VoluntaryVoluntary
Without MaliceWithout Malice
Would constitute a felony if intentionalWould constitute a felony if intentional
Inexcusable lack of precautionLack of precaution by the impending damage was not immediate
Based on personal or surrounding circumstancesdanger not clearly manifest
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by Bryan Villarosa

Bacolod City-based Marketing Services Provider | Licensed Financial Advisor

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