I. INTRODUCTIONEver since the old times, we often get to see or hear over the television or radio that there are cases of accidents that are happening along the roads and often involve cars or vehicles may it be public or private.

These are the reasons why many drivers who are tasked to carry their passengers like the Good father of the family face trials and suits once they failed to perform their tasks and duties once handling their vehicles which cause various injuries and loses to many people who are just wanting to go safely to their respective destinations.

Reckless Imprudence is how the legislators term the offense once a driver or a carrier failed to observe care and diligence once driving their vehicles and causes injury or damage to the life, person and property of another.

But the biggest question is that, does every cases of vehicular accident can be considered as Reckless Imprudence which can be imputed to a person driving and which can held him liable to the punishment intended for the violators of the said crime? Another is that, how can one be proven guilty for committing reckless imprudence. This research paper focuses on the real meaning of Reckless Imprudence and as well as the factors to be considered in order for a person to be held answerable to Reckless Imprudence Resulting to damage to Person and property.

General Discussions/Enlightenment about reckless drivingDriving is such an indelible part of modern life that every state has a complex system of laws governing how people must act when operating a vehicle. Because vehicles are potentially so dangerous, driving in a reckless or unsafe manner is a crime in itself. Anyone charged with this crime faces significant penalties.The crime of reckless driving occurs whenever someone operates a vehicle in such a way that it poses a risk to others. Unlike some other traffic laws, such as speeding violations, reckless driving is highly dependent on the circumstances of each individual case. Though many states list specific actions that qualify as reckless driving, drivers can be convicted of this crime whenever they drive in an unreasonably dangerous manner. Factors.Courts weigh a number of factors when determining what constitutes reckless driving. These include the time of day, the weather conditions present, the presence of other people or animals, the qualities of the vehicle, a driver's familiarity with the area, as well as numerous other factors. Beyondnegligence. Reckless driving is more than simply making a mistake or being negligent while driving. A driver has to act willfully and with an active disregard for safety. However, a prosecutor does not have to necessarily show the driver's mental state at the time. It's enough for the prosecution to show that the circumstances surrounding the event either caused the driver to know, or the driver should have known, that the driving was not safe. Safetyrisk.While reckless driving necessarily involves a heightened amount of danger to other people, a prosecutor does not have to show that other people were actually placed in jeopardy. Reckless driving can occur even if no one else is on the roadway or there is no property damaged. It's enough for drivers to endanger their own lives or risk damaging their own property to qualify as reckless drivers. PerSe reckless.Some states have laws that list specific conditions that automatically qualify as reckless driving. These are known as per se conditions. This simply means that a driver acted recklessly if the prosecutor can show that even one of the specified conditions is present. Some common per se factors include speeding 20 mph or more above a posted speed limit, passing a school bus, passing at a railroad crossing, or participating in a street race.PenaltiesReckless driving is one of the more serious traffic offenses a person can commit. If you are convicted of reckless driving, you face significant penalties that often include jail, fines, and the revocation of your license. Though penalties differ significantly among states and depend on the circumstances of the case, reckless driving charges typically bring with them a range of penalties. Jailorprison.Reckless driving is often categorized as a misdemeanor offense, meaning that a person convicted of the crime faces up to one year in jail. However, a small number of states also allow the crime to be charged as a felony, meaning a conviction can bring a year or more in a state prison. Felony charges are often filed in situations where someone was injured as a result of the reckless driving. Fines.Fines are a very common penalty when a person is convicted of reckless driving. The amount of the fine can differ widely based on the state and circumstances of the crime, but they usually range from several hundred to several thousand dollars. Probation.Probation sentences are also possible with reckless driving convictions, though they are highly dependent on the circumstances of the case and the driver's driving history. If a court sentences you to probation, it will require you to comply with specific terms, such as finding a job, making regular visits to a probation officer, and not committing any crimes or other traffic violations. If you violate the terms of probation, the court may revoke it and force you to serve a jail or prison sentence instead. Probation typically lasts 12 months or more. Licensesuspension.A person convicted of reckless driving also faces the possibility of a license suspension or revocation. State laws typically include a mandatory suspension of at least 30 days whenever a person is convicted of reckless driving. If the driver has previous reckless driving convictions or other traffic violations, lengthier suspensions and even permanent license revocation is also possible.Speak to an AttorneyAnyone facing a reckless driving charge should always consult a local criminal defense attorney before taking any further steps in your case. A local attorney will know how local prosecutors and courts handle reckless driving charges, what the state requirements are, and will have experience dealing with reckless driving and other traffic offenses. Even if you have never been convicted of a crime and don't believe you are guilty of the charge, reckless driving is a serious offense that has significant consequences, including an impact on your ability to obtain insurance. Don't dismiss a reckless driving charge as simply another traffic ticket, and speak to a criminal defense attorney as soon as possible.

Department of Justice in the Philippines defines Reckless Imprudence.Manila, Philippines - The Department of Justice (DOJ) issued yesterday an advisory defining reckless driving and warning motorists to refrain from committing actions that fall under its definition.In her third public advisory, Justice Secretary Leila de Lima reminded motorists that reckless driving including over-speeding, drunk driving and distracted driving is punishable under Republic Act 4136.There are many road accidents and we have so-called killer highways so we find it necessary to remind the public that reckless driving is a violation that has corresponding penalty under the law, she said at a press conference.The DOJ advisory defined reckless driving as the act of operating a motor vehicle without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person, or so as to cause excessive or unreasonable damage to the highway.It explained that the law penalizes such offense with a fine of P1,200 without prejudice to confiscation of the drivers license. It stressed that reckless driving need not result in other compounding crimes like homicide, physical injuries to damage to properties for it to warrant conviction.In a nutshell, every time a person operates a motor vehicle in violation of traffic rules, at the risk of harming others and with less than the full attention, focus and skill required of every driver, he is driving recklessly, the advisory added. If there is a compounding offense, the Revised Penal Code shall apply, it explained.Over-speeding is a traffic violation where a driver exceeds the maximum speed limit imposed on a particular road. Authorities had imposed a limit of 60 kilometers per hour along Commonwealth Avenue to curb the frequency of accidents along this road.Driving under the influence of alcohol or drunk driving is defined as the act of operating a motor vehicle while in a state of intoxication, specifically while having blood alcohol content level of 0.06 percent. This offense is punishable with a fine ranging from P2,000 to P5,000, or imprisonment of three to six months, or both.Lastly, distracted driving is the act of operating a motor vehicle while, at the same time, focusing ones attention on other activities not related to driving, including using mobile phones.To avoid such offenses, the DOJ advised motorists not to engage in distracting activities while driving, being careful when driving through accident-prone areas, and being vigilant.Earlier this year, the DOJ issued two public advisories touching on checkpoints and transnational drug trafficking.

II. DEFINITION OF TERMS1. ACCIDENTS- it is a fortuitous event happening all over the country which were not expected by the people who might be a victim of injuries or loses. 2. CAR- a medium of transportation driven by a person who is tasked to carry the passengers to their respective destinations safely.3. DRIVER- a person tasked to make the vehicles run and t carry the passengers to the place where they are intending to go. 4. DILIGENCE- the quality of a person being capable of following the instructions and being faithful to their duties. 5. DAMAGE- something that is not good and often considered as misfortune to other person or even to properties. 6. INJURIES- something that causes harm to a person and can make them feel hurt. It comes in different forms may it be personal, emotional or even economic injuries. 7. LEGISLATORS-people who are tasked to make laws. Them being the authors are often regarded as the leaders of the country and expected to be the number one followers of the laws that they have created. 8. PASSENGERS- people who are taking the public utility vehicles in order for them to reach their respective destinations.9. RECKLESS IMPRUDENCE- the crime or an offense often committed by a person who failed to observe care in driving a vehicle that caused injury or damage over the person or property of another. 10. SUITS- cases brought before the court of law in order to hear the both sides of the parties and being judge depending on the merits and weight of the evidences presented by both parties.11. VEHICLES-machine operated objects intended to be driven by a person in order to reach their respective destinations. 12. Motor Vehicle" shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.13. "Driver" shall mean every and any licensed operator of a motor vehicle.14. "Professional driver" shall mean every and any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public.15. Any person driving his own motor vehicle for hire is a professional driver.16. Highways" shall mean every public thoroughfare, public boulevard, driveway, avenue, park, alley and callejon, but shall not include roadway upon grounds owned by private persons, colleges, universities, or other similar institutions.17. Passenger automobiles" shall mean all pneumatic-tire vehicles of types similar to those usually known under the following terms: touring car, command car, speedster, sports car, roadster, jeep, cycle, car (except motor wheel and similar small outfits which are classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet, and sedan.Motor vehicles with changed or rebuilt bodies, such as jeepneys, jitneys, or station wagons, using a chassis of the usual pneumatic-tire passenger automobile type, shall also be classified as passenger automobile, if their net allowable carrying capacity, as determined by the Commissioner of Land Transportation, does not exceed nine passengers and if they are not used primarily for carrying freight or merchandise.The distinction between "passenger truck" and "passenger automobile" shall be that of common usage: Provided, That a motor vehicle registered for more than nine passengers shall be classified as "truck": And Provided, further, That a "truck with seating compartments at the back not used for hire shall be registered under special "S" classifications. In case of dispute, the Commissioner of Land Transportation shall determine the classification to which any special type of motor vehicle belongs.III. REVIEW OF RELATED LITERATUREA. MEANING OF RECKLESS IMPRUDENCEReckless imprudence consists in 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.On the other hand, 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.

A. PENALTY FOR RECKLESS IMPRUDENCEUnder Art. 365 of the Rev. Penal Code any person who, byreckless imprudence, shall commit any act which, had it been intentional, would constitute agrave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.In the same way, the aforecited Art. 365 provides that any person who, bysimple imprudence or negligence, shall commit an act which wouldotherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted aless serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

B. PENALTY TO DAMAGE TO PROPERTIESArticle 365 provides that when the execution of the act covered by this article shall haveonly resulted in damage to the propertyof another, the offender shall be punished bya fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos.

C. PENALTY FOR LIGHT FELONYA fine not exceeding two hundred pesos and censureshall be imposed upon any person who, by simple imprudence or negligence, shall causesome wrongwhich, if done maliciously, would have constituted alight felony.

D. EXCEPTIONSArticle 365 of the Revised Penal Code is not applicable to the following situations:

1. When the penalty provided for the offense isequal to or lowerthan those provided in the first two paragraphs of this article, in which case the court shall impose thepenalty next lower in degreethan that which should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law, thedeath of a person shall be caused, in which case the defendant shall be punished byprision correccional in its medium and maximum periods.

The revised Penal Code also provides that under Art 365, the penaltynext higher in degreeto those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give.(As amended by R.A. 1790, approved June 21, 1957).E. REPUBLIC ACTNO.10586 (Anti-Drunk and Drugged Driving Act of 2013)

a. PUNISHABLE ACTSSec. 5 of RA10586 (Punishable Act)provides that it shall be unlawful for any person to drive a motor vehiclewhile under the influence of alcohol, dangerous drugs and/or other similar substances.

b. MANDATORY TESTSSec. 8 (Refusal to Subject Oneself to Mandatory Tests)of the said provides that a driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her drivers license, in addition to other penalties provided herein and/or other pertinent laws.

c. PENALTIES UNDER REPUBLIC ACT 10586The penalties imposed by the said law are contained in Sec. 12 (Penalties) thereof. It provides that a driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act shall be penalized as follows:(a) If the violation of Section 5did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed;(b) If the violation of Section 5resulted in physical injuries, the penalty provided inArticle 263of the Revised Penal Codeor the penalty provided in the next preceding subparagraph,whichever is higher,and a fineranging from One hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos (Php200,000.00) shall be imposed;

However, it was explicitly provided under Art. 12 of RA 10586 that the prosecution for any violation of this Act shall bewithout prejudiceto criminal prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances, whenever applicable. The crime defined under RA 10586, a special law, is classified asmalum prohibitum. The offender may still be prosecuted under Art. 365, et. seq. of the Rev. Penal Code, where the offenses defined therein are classified asmala en se.

d. DIRECT CRIMINAL AND CIVIL LIABILITIES OF THE OPERATOR

Sec. 13 (Direct Liability of Operator and/or Owner of the Offending Vehicle)of RA 10586provides that theowner and/or operatorof the vehicle driven by the offender shall bedirectly and principally held liable together with the offender forthe fine and the award against the offender for civil damagesunless he or she is able to convincingly prove that he or she has exercisedextraordinary diligence in the selection and supervisionof his or her drivers in general and the offending driver in particular.

The said section provides that it shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

F. DECIDED CASES FOR RECKLESS IMPRUDENCE

a. CALIMUTAN vs. PEOPLE, [G.R. No. 152133.February 9, 2006.]A man was found guilty of reckless imprudence resulting in homicide when he threw a stone at a distance of ten meters and hit the victim at the back of the head. The victim subsequently died from the head injury.The victim had attacked the accuseds companion who was much smaller than the victim. Even if his intent was just to drive away the victim, he was still found guilty. The court found that the act was committed with inexcusable lack of precaution. He failed to consider that a stone the size of a man's fist could inflict substantial injury on someone. He also miscalculated his own strength, perhaps unaware, or even completely disbelieving, that he could throw a stone with such force as to seriously injure, or worse, kill someone, at a quite lengthy distance of ten meters. He was also found civilly liable for damages.

b. ESTACION vs. BERNARDO, et al. [G.R. No. 144723.February 27, 2006.]A driver was sentenced to four months in prison for hitting a passenger of another vehicle that had stopped at a road shoulder.This resulted in the amputation of the passengers leg. A separate civil case was filed resulting in the award of damages as well.

These cases simply serves as our constant reminder that the price of any lack of precaution exposes you to legal charges, having to pay damages or post bail or possibly imprisonment or all of the above. A separate civil case can be filed apart from criminal charges. So it is possible that you have to face litigation on two fronts.The worst would be having to face your own conscience, in case you took the life of another or disabled someone permanently.Please note, however, that if there is only damage to property, the most you can get is a fine and damage, but no prison time. But when life and limb are affected, you do face imprisonment as well. Loss of liberty is something that cannot be easily measured as you can be taken away from your present life and family.

B. CONCLUSIONThis research paper therefore concludes that:1. Reckless Imprudence is indeed one of the crimes that is very rampant in our society now a days being it capable of happening everywhere when the driver is not careful of his actions as the carrier. 2. Our drivers should really observe an extraordinary care as that of a good Father of the Family so as to avoid injuries and damages to the person and properties of another and so as to avoid the consequences of being convicted of the crime of Reckless Imprudence. 3. Our legislators are really exerting effort in order for them to correct the wrong doings of the drivers, being able to drive even if they know that they are under the influence of alcoholic beverages before driving by implementing this kind of sanction towards the carriers. They are also being fair to the passengers who have suffered from injuries and losses because of the carelessness of the drivers. 4. Reckless Imprudence is one of the many sanctions in the Philippines intended to promote justice to both the drivers and the passengers by giving both parties of what is due for them. C. RECOMMENDATIONSIt is strongly recommended by this research paper that:1. The drivers being tasked to carry the passengers to their respective destinations must take it as their responsibility to observe due diligence as a good father of the family taking good care of their passengers by following the dos and donts laid down by the rules. 2. The passengers must also be careful by behaving properly while inside the car or public transportation so as not to be harmed because it is not all the time that all of their injuries and looses due to accidents while inside a vehicle can be imputed to the drivers and that the law is not always in favor of them though they are the ones who suffer the pains of injuries.3. The legislators and the leaders must bear in mind that it is their primary task and duty to promote teg observance of law in our country that is why they are expected to discharge their duties and functions in a fair, just and selfless manner.

D. BIBLIOGRAPHY

BOOKS The Revised Penal Code, Paras, 2011

INTERNET http://lawsandpolitics.blogspot.com/2010/02/reckless-imprudence.html http://sc.judiciary.gov.ph/jurisprudence/2009/may2009/147437.htm http://www.livingincebuforums.com/ipb/topic/14549-what-is-reckless-imprudence/

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