Dear PAO,

Three months ago, while I was on my way home to Batangas, I was involved in a vehicular accident along EDSA Monumento. I ran into a pedestrian who was jaywalking, resulting in multiple cuts and bruises on his forearm and legs. I quickly brought him to the nearest hospital for treatment. The doctor said he would recover within a week. I then paid his entire bill, including x-rays and medications, and gave him extra cash of P5,000.00. He recently started extorting money from me and threatening me that if I do not pay him P5,000.00 again, he will file a criminal case for reckless imprudence against me and send me to jail. Can he do that? I do not want to go to jail. Please help.

Miala

Dear Miala,

It appears that the criminal case that may be filed against you is reckless imprudence resulting in slight physical injuries, given that the injury you caused to the pedestrian was neither intentional nor would it require medical attention for more than nine days; the limit set for slight physical injuries under Article 266 of the Revised Penal Code (RPC).

If this is indeed the case, then the complainant can no longer file a criminal action for reckless imprudence against you. Article 365 of the RPC outlines the imposable penalty for reckless imprudence resulting to slight physical injuries. In particular, it provides that:

“ART. 365. Imprudence and negligence. – Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave 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 periodical shall be imposed.

xxx

“The provisions contained in this article shall not be applicable:

“1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the courts shall impose the penalty next lower in degree than that which should be imposed, in the period which they may deem proper to apply.

xxx

“Reckless 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.”

In Reodica vs. People of the Philippines (GR 125066, July 08, 1998, penned by Chief Justice Hilario Davide Jr.), the Supreme Court expounded that:

“The penalty for reckless imprudence resulting in slight physical injuries, a light felony, is arresto menor in its maximum period, with a duration of 21 to 30 days. If the offense of slight physical injuries is, however, committed deliberately or with malice, it is penalized with arresto menor under Article 266 of the Revised Penal Code, with a duration of 1 day to 30 days. Plainly, the penalty then under Article 266 may be either lower than or equal to the penalty prescribed under the first paragraph of Article 365. This being the case, the exception in the sixth paragraph of Article 365 applies. Hence, the proper penalty for reckless imprudence resulting in slight physical injuries is public censure, this being the penalty next lower in degree to arresto menor.”

Correlatively, Article 90 of the RPC provides for the prescription of crimes which states that “light offenses prescribed in two months.”

Applying the foregoing provisions, reckless imprudence resulting in slight physical injuries is a light felony that prescribes in two months. As a result of being prescribed, he may no longer pursue a criminal action against you, and you will not be imprisoned for such a crime.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].