Quasi-offenses

1. Imprudence and negligence

a. Reckless imprudence

RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of 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. (Paragraph 7, Article 365, Ibid)

ELEMENTS:

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;

4) That material damage results from the reckless imprudence; and,

5) That there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place. (Valencia v. People, G.R. No. 235573, 09 November 2020)

MOTORIST’S LIAILITY: To establish a motorist’s liability for negligence, the prosecution must show the “direct causal connection between such negligence and the injuries or damages complained of.” Mere negligence in driving a vehicle is not enough to constitute reckless driving. Rather, it must be shown that the motorist acted willfully and wantonly, in utter disregard of the consequence of his or her action as it is the “inexcusable lack of precaution ...

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