TITLE 14 Flashcards
Punishable Acts under Title 14
1) Committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony;
2) Committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony;
3) Causing damage to the property of another through reckless imprudence or simple imprudence or negligence;
4) Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony.
Are these crimes?
No, they only determine a lower degree of criminal liability.
Imprudence
1) Lack of skill, defiency of action
2) Failure in precaution
3) Avoided by taking the necessary precaution once they are foreseen
Negligence
1) Lack of foresight; deficiency of perception
2) Failure in advertence (attentiveness)
3) Avoided by paying proper attention and using due diligence
RECKLESS IMPRUDENCE (Elements)
1) The offender does or fails to do an act
2) The doing of or the failure to do the act is voluntary
3) It is without malice
4) Material damage results
5) There is inexcusable lack of precaution on the part of the offender, taking into consideration:His employment / occupation. Physical condition, Degree of intelligence and Other circumstances regarding the persons, time and place
ELEMENTS OF SIMPLE IMPRUDENCE
1) There is lack of precaution on the part of the offender
2) The damage impending to be caused is not immediate or the danger is not clearly manifest.
TEST OF NEGLIGENCE:
Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm as a result of the course actually pursued? If so, it was the duty of the actor to refrain from that course or to take precautions against its mischievous results, and the failure to do so constitutes negligence.
What does this article punish?
Mental attitude or condition.
DOCTRINE OF LAST CLEAR CHANCE
A person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent, is considered in law solely responsible for the consequences of the accident.
CONTRIBUTORY NEGLIGENCE:
Where the concurrent/successive negligence acts or omissions of 2 or more persons (although acting independently) are in combination the direct/proximate cause of an injury to a 3rd person and when it is impossible to determine who did what, either is responsible for the whole injury.
Will contributory negligence of the injured party defeat the action?
No, if it is seen that the accused could have avoided the consequences of the negligence of the injured party.
EMERGENCY RULE:
An individual who suddenly finds himself in a situation of danger and is required to act without much time to consider the best means that may be adopted to avoid the impending danger; is not guilty of negligence if he fails to undertake what may appear to be a better solution, UNLESS the emergency was brought by his own negligence
Requirements in Emergency Rule
1) Sudden and unexpected;
2) Deprives the actor of all opportunity for deliberation; and
3) Must be such that the actor must have no knowledge that unusual consequences may result from his act
Double Jeopardy & Article 365
The conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi offense, regardless of its various resulting acts.
When there is trespassing and the defendant was not aware, is he liable?
No
