71 – Quasi
Offense
People vs Cano
17 SCRA 237 [Case Digest]
Facts:
September 21, 1960, on the
National Highway at San Isidro, municipality of San Fernando, Province of
Pampanga, accused Ambrocio Cano, being then the driver and person in charge of
La Mallorca Pambusco bus with body No. 846, drive, manage and operate said
vehicle in a careless, negligent and imprudent manner, causing, as a result
thereof the said bus driven by him to hit and bump a Philippine Rabbit Bus with
body No. 257, then driven by Clemente Calixto, thereby causing damages to the
said Philippine Rabbit Bus in the amount of P5,023.55, and on the same occasion
inflicting physical injuries to the passengers of the said buses.
Issue:
Whether or not reckless imprudence
is a crime in itself
Held:
No.
Ratio:
The proposition that
"reckless imprudence is not a crime in itself but simply a way of
committing it and merely determines a lower degree of criminal liability"
is too broad to deserve unqualified assent. In intentional crimes, the act itself is
punished; in negligence or imprudence, what is principally penalized is the
mental attitude or condition behind the act, the dangerous recklessness, lack
of care or foresight, the "imprudencia punible." Much of the
confusion has arisen from the common use of such descriptive phrases as
"homicide through reckless imprudence", and the like; when the strict
technical offense is more accurately, "reckless imprudence resulting in
homicide", or "simple imprudence causing damages to property."
Submitted by: G-one T. Paisones
Submitted to:
Atty. Cisco Franz S. Maclang
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