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Practice Exams

Module 2.13: Quasi-Offenses (Criminal Negligence)

1. Learning Objectives

By the end of this module, you should be able to:

  • Define and differentiate quasi-offenses, imprudence, and negligence under the Revised Penal Code.
  • Identify and explain the essential elements of a quasi-offense.
  • Distinguish between reckless imprudence and simple imprudence.
  • Determine the appropriate penalties for various quasi-offenses based on the resulting harm.
  • Understand the key distinctions between intentional felonies (dolo) and culpable felonies (culpa).

2. IMPRUDENCE AND NEGLIGENCE (Art. 365)

Article 365 of the Revised Penal Code is the primary law that governs quasi-offenses in the Philippines.

A. DEFINITION OF QUASI-OFFENSE

A quasi-offense is a distinct crime defined under Art. 365. It is a felony committed by means of culpa (fault), where a person, without criminal intent (dolo), causes damage to another through an act or omission characterized by imprudence or negligence.

  • Felony committed by means of culpa: The act itself is a crime, but it is not intentional. The crime is the negligence itself.
  • No criminal intent (dolo): The offender did not intend to cause the harm. The injury or damage is an unintended consequence of a negligent act.
  • Damage caused through fault: The liability arises from the failure to exercise the necessary care and diligence required by the situation.

B. RECKLESS IMPRUDENCE

Reckless imprudence consists of voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.

  • Voluntary act without malice: The act is willed and performed freely, but the resulting harm is not intended.
  • Without due care and circumspection: The person fails to take the standard precautions that a prudent person would take to avoid harm to others. The danger is obvious and immediate, but the offender ignores it.
  • Examples:
    • Reckless Driving: A driver overspeeds on a crowded street during rush hour and hits a pedestrian.
    • Medical Malpractice: A surgeon leaves a surgical instrument inside a patient's body after an operation.

C. SIMPLE IMPRUDENCE

Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

  • Definition: It involves a deficiency of precaution, but the danger is not as clear or imminent as in reckless imprudence.
  • Lack of precaution: The offender fails to exercise care, but the risk of harm is not as obvious.
  • Damage not immediately apparent: The potential for harm is not readily foreseeable.

D. NEGLIGENCE

Negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It is the omission of the diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time, and of the place.

  • Definition: It is a failure to perform a duty, resulting in harm.
  • Omission of care: It is characterized by the failure to act when there is a duty to do so.

3. ELEMENTS OF QUASI-OFFENSE

For a quasi-offense to exist, the following elements must be present:

  1. That the offender does or fails to do an act.
  2. That the doing or the failure to do that act is voluntary.
  3. That it be without malice (criminal intent).
  4. That the material damage or injury results from the said act or omission.
  5. That there is an inexcusable lack of precaution on the part of the offender (imprudence or negligence).

4. CLASSIFICATION OF QUASI-OFFENSES

Quasi-offenses are penalized based on the gravity of the felony that would have resulted had the act been committed with intent.

A. RECKLESS IMPRUDENCE RESULTING IN:

  • Homicide: If the reckless act results in death.
  • Serious Physical Injuries: If the victim is incapacitated for more than 30 days or loses a body part.
  • Less Serious Physical Injuries: If the victim is incapacitated for 10 to 30 days.
  • Slight Physical Injuries: If the victim is incapacitated for 1 to 9 days.
  • Damage to Property: If the reckless act causes damage to another's property.

B. SIMPLE IMPRUDENCE OR NEGLIGENCE RESULTING IN:

  • The same classification of offenses (Homicide, Physical Injuries, Damage to Property) applies, but the penalties are lower due to the lesser degree of negligence.

5. PENALTIES FOR QUASI-OFFENSES (Art. 365, RPC)

Resulting Crime if Done Intentionally Penalty for RECKLESS IMPRUDENCE Penalty for SIMPLE IMPRUDENCE
Homicide Prision correccional in its medium and maximum periods (2y 4m 1d to 6y) Arresto mayor in its medium and maximum periods (2m 1d to 6m)
Serious Physical Injuries Arresto mayor in its maximum period to prision correccional in its minimum period (4m 1d to 2y 4m) Arresto mayor in its minimum period (1m 1d to 2m)
Less Serious Physical Injuries Arresto mayor in its minimum and medium periods (1m 1d to 4m) Arresto menor (1d to 30d) or a fine not exceeding P200
Slight Physical Injuries Arresto menor in its maximum period (21d to 30d) A fine not exceeding P200
Damage to Property A fine from an amount equal to the value of said damages to three times such value, but shall in no case be less than 25 pesos. A fine from an amount equal to the value of said damages to three times such value, but shall in no case be less than 25 pesos.
Any other Crime Arresto mayor in its medium and maximum periods (2m 1d to 6m) Arresto mayor in its minimum period (1m 1d to 2m)

6. SPECIAL PROVISIONS

  • Failure to Lend Aid: If the offender, after committing a quasi-offense, fails to render aid to the victim, the penalty is one degree higher.
  • Failure to Take Victim to Hospital: This is considered in imposing the penalty.
  • Compound Negligence: If a single act of negligence produces multiple grave or less grave felonies, the offender shall be punished for the most serious crime, the penalty to be imposed in its maximum period. This is also known as a "complex crime."

7. DISTINCTION

Basis DOLO (Deceit/Intentional) CULPA (Fault/Negligence)
Malice There is criminal intent. There is no criminal intent.
Nature The act is malicious. The act is not malicious; it's a result of fault.
Focus On the intent to cause harm. On the lack of foresight, skill, or care.
Basis IMPRUDENCE NEGLIGENCE
Nature of Act A positive act (doing something). A negative act (omission or failure to do something).
Element Lack of skill or foresight. Lack of care or diligence.
Basis RECKLESS IMPRUDENCE SIMPLE IMPRUDENCE
Visibility of Danger Danger is obvious and immediate. Danger is not immediate or clearly manifest.
Level of Precaution Lacking Inexcusable lack of precaution. Mere lack of precaution.

8. RELATED LAWS

  • Anti-Distracted Driving Act (RA 10913): Prohibits drivers from using mobile communication devices and other electronic entertainment gadgets while their vehicles are in motion or temporarily stopped at a traffic light or intersection. A violation of this act can be used as evidence of negligence in a quasi-offense case.
  • Land Transportation and Traffic Code (RA 4136): Provides rules of the road, speed limits, and vehicle regulations. Violations (e.g., speeding, driving without a license) are often used to establish negligence in vehicular accident cases.

9. IMPORTANT CASE EXAMPLES

  • Medical Malpractice: In Rosit v. DAVAO DOCTORS HOSPITAL, the Supreme Court found a surgeon liable for reckless imprudence resulting in physical injuries for leaving a foreign object (gauze) in the patient's body. The doctrine of res ipsa loquitur ("the thing speaks for itself") was applied, as the incident would not have happened in the ordinary course of things if due care was exercised.
  • Vehicular Accidents: In cases where a driver violates traffic rules (e.g., speeding, illegal overtaking, driving under the influence) and causes a collision, they are generally held liable for reckless imprudence. The violation of a traffic regulation is often considered negligence per se.
  • Industrial Accidents: An employer who fails to provide necessary safety equipment (like harnesses for construction workers at height) and a worker falls to his death can be held liable for reckless imprudence resulting in homicide.

10. QUICK REVIEW SUMMARY TABLE

Concept Key Idea Example
Quasi-Offense Crime committed through fault or negligence (culpa), not intent (dolo). A car accident caused by over-speeding.
Reckless Imprudence Voluntary act with inexcusable lack of precaution; danger is obvious. A doctor leaving a scalpel inside a patient.
Simple Imprudence Act with a lack of precaution where the danger is not obvious. A person cleaning a firearm without checking if it's loaded, causing it to discharge and injure someone.
Negligence Failure to do an act or exercise the required diligence. A lifeguard failing to watch the swimmers, leading to a drowning.
Dolo vs. Culpa Dolo has malice/intent; Culpa is fault/negligence without intent. Murder (Dolo) vs. Reckless Imprudence Resulting in Homicide (Culpa).

11. PRACTICE QUESTIONS

Instructions: Choose the best answer for each question.

  1. What is the primary basis of liability in a quasi-offense? a) Malice b) Intent c) Fault or Negligence d) Deceit

  2. A person who voluntarily performs an act, without malice, from which material damage results by reason of inexcusable lack of precaution, is liable for: a) An intentional felony b) Simple Imprudence c) Reckless Imprudence d) Malicious mischief

  3. Which of the following is NOT an element of a quasi-offense? a) The act is voluntary b) There is malice or criminal intent c) Material damage results from the act d) There is an inexcusable lack of precaution

  4. A driver is texting while driving on a highway and hits another car. What is the most probable offense? a) Simple Imprudence resulting in damage to property b) Malicious mischief c) Violation of the Anti-Distracted Driving Act only d) Reckless Imprudence resulting in damage to property

  5. A person cleans his rifle without checking if it is loaded. The rifle accidentally discharges, injuring a person in the next room. What crime is committed? a) Reckless Imprudence resulting in physical injuries b) Simple Imprudence resulting in physical injuries c) Serious Physical Injuries through Dolo d) Attempted Homicide

  6. In the hierarchy of negligence, which is the most serious? a) Simple Negligence b) Simple Imprudence c) Gross Negligence d) Reckless Imprudence

  7. What is the legal principle "the thing speaks for itself," which is often applied in medical malpractice cases? a) Caveat emptor b) Respondeat superior c) Res ipsa loquitur d) Stare decisis

  8. If an act of reckless imprudence results in the death of a person, what is the crime committed? a) Murder b) Homicide c) Reckless Imprudence Resulting in Homicide d) Homicide through Simple Imprudence

  9. What is the effect if the offender in a vehicular accident fails to help his victim? a) The offender is guilty of another crime. b) The penalty is automatically reclusion perpetua. c) The penalty for the quasi-offense shall be one degree higher. d) It has no effect on his criminal liability.

  10. Dolo is to criminal intent as Culpa is to _______. a) Malice b) Fault c) Deceit d) Premeditation

  11. The main difference between reckless imprudence and simple imprudence is the: a) Amount of property damage b) Intent of the offender c) Imminence and visibility of the danger d) Physical condition of the offender

  12. A single act of negligence causes the death of one person and serious physical injuries to another. This is an example of: a) A continuing crime b) A special complex crime c) A compound crime (complex crime proper) under Art. 48 d) Two separate quasi-offenses

  13. The penalty for quasi-offenses is primarily determined by: a) The degree of negligence b) The intent of the offender c) The crime that would have resulted if the act was intentional d) The value of the property damaged

  14. A nurse administers the wrong medicine to a patient, causing the patient's death. The nurse misread the doctor's prescription. This is most likely: a) Murder b) Simple Imprudence Resulting in Homicide c) Reckless Imprudence Resulting in Homicide d) A civil liability case only

  15. Imprudence involves a deficiency in ______, while negligence involves a deficiency in ______. a) Action; thought b) Care; skill c) Skill; care d) Foresight; action

  16. Which of the following is considered a negative act of negligence? a) Overtaking on a blind curve b) A security guard failing to lock the main gate c) Firing a gun in a crowded area d) Driving under the influence of alcohol

  17. According to Art. 365, if reckless imprudence results in less serious physical injuries, the penalty is: a) Arresto mayor in its minimum and medium periods b) Arresto mayor in its maximum period c) Prision correccional d) Arresto menor

  18. A construction foreman proceeds with excavation despite a geological survey warning of a high risk of landslide. A landslide occurs, killing a worker. The foreman is liable for: a) Simple Imprudence Resulting in Homicide b) Reckless Imprudence Resulting in Homicide c) A work-related accident with no criminal liability d) Homicide through dolo

  19. Which law, when violated, can be used as direct evidence of negligence in a traffic accident case? a) RA 9165 (Comprehensive Dangerous Drugs Act) b) RA 4136 (Land Transportation and Traffic Code) c) RA 10591 (Comprehensive Firearms and Ammunition Regulation Act) d) RA 9262 (Anti-Violence Against Women and Their Children Act)

  20. What is the minimum fine for damage to property resulting from a quasi-offense? a) 25 pesos b) 200 pesos c) 500 pesos d) Equal to the value of the damage

ANSWER KEY

  1. C) Fault or Negligence
    • Explanation: Quasi-offenses are defined by the presence of culpa (fault/negligence), not dolo (intent/malice).
  2. C) Reckless Imprudence
    • Explanation: The key phrase is "inexcusable lack of precaution," which is the hallmark of reckless imprudence.
  3. B) There is malice or criminal intent
    • Explanation: The absence of malice or criminal intent is a fundamental element of a quasi-offense.
  4. D) Reckless Imprudence resulting in damage to property
    • Explanation: Texting while driving is a clear and obvious danger (inexcusable lack of precaution). RA 10913 is violated, but the resulting crime for the collision itself is the quasi-offense.
  5. B) Simple Imprudence resulting in physical injuries
    • Explanation: While negligent, the danger was not as plain, immediate, or obvious as in reckless cases. It's a failure to take a basic precaution where the danger wasn't clearly manifest.
  6. D) Reckless Imprudence
    • Explanation: Reckless imprudence (or gross negligence) is the highest degree of criminal negligence and carries the stiffest penalties among quasi-offenses.
  7. C) Res ipsa loquitur
    • Explanation: This doctrine applies when the event is of a kind that does not ordinarily occur in the absence of someone's negligence.
  8. C) Reckless Imprudence Resulting in Homicide
    • Explanation: This is the specific nomenclature for the quasi-offense. It is distinct from the intentional felony of Homicide.
  9. C) The penalty for the quasi-offense shall be one degree higher.
    • Explanation: Article 365 explicitly provides for this aggravating circumstance for quasi-offenses.
  10. B) Fault
    • Explanation: Dolo is the Spanish term for deceit/intent, while Culpa is the term for fault/negligence.
  11. C) Imminence and visibility of the danger
    • Explanation: In reckless imprudence, the danger is obvious and immediate. In simple imprudence, it is not.
  12. C) A compound crime (complex crime proper) under Art. 48
    • Explanation: When a single act constitutes two or more grave or less grave felonies, it is a complex crime. Art. 365 applies this concept to quasi-offenses.
  13. C) The crime that would have resulted if the act was intentional
    • Explanation: The penalty for negligence is based on the penalty for the resulting crime (e.g., homicide, physical injuries) had it been committed with intent, but reduced.
  14. C) Reckless Imprudence Resulting in Homicide
    • Explanation: Administering medicine is part of a nurse's professional duty. Misreading a prescription and causing death is a classic example of inexcusable lack of precaution (reckless imprudence) due to the high standard of care required.
  15. C) Skill; care
    • Explanation: Imprudence is often linked to a lack of skill or foresight in a positive act. Negligence is a failure to exercise the required care, often through omission.
  16. B) A security guard failing to lock the main gate
    • Explanation: This is an omission or failure to perform a duty, which is a negative act. The others are positive acts of commission.
  17. A) Arresto mayor in its minimum and medium periods
    • Explanation: This is the penalty prescribed in the table under Article 365.
  18. B) Reckless Imprudence Resulting in Homicide
    • Explanation: The foreman consciously disregarded a clear and manifest danger identified in a survey, showing an inexcusable lack of precaution.
  19. B) RA 4136 (Land Transportation and Traffic Code)
    • Explanation: Violation of a traffic law (like speeding) is considered negligence per se, making it powerful evidence in a quasi-offense case involving a vehicular accident.
  20. A) 25 pesos
    • Explanation: Article 365 specifies that the fine "shall in no case be less than 25 pesos," even if the damage value is lower.