The Reenactment

of Reckless
Imprudence
Resulting to
Homicide
For Academic Year
2023-2024
(SAT CDI-4 CR647)

1
The Reenactment of Reckless Imprudence
Resulting to Homicide
For Academic Year 2023-2024
(SAT CDI-4 CR647)

Group 1
Leader:
ESPINA, CARL JEFFNER E.
Members:
LLANO, YASMIN CARYL R.
ESCALONA, LYKA MAE
MACANDA, JARAH MAE M.
NEVALIZA, MAE ANNE V.
DAGAMI, STEPHANIE V.
GABOR, KENETH ROY G.
QUIRAY, RAPHAEL JAY M.
2
 The Reenactment
of Reckless
Imprudence
Resulting to
Homicide
For Academic Year
2023-2024
(SAT CDI-4 CR647)

B. (THE FOLLOWING PAGES CONSIST OF THE 5W’s

and 1H OF THE CRIME)

3
1. What is the crime committed? Answer the crime and
how it is committed found in ARTICLE 365 of the
RPC.

 The crime committed was Reckless Imprudence Resulting to

Homicide. Because RAPHEAL JAY M. QUIRAY was
recklessly driving and driving in a fast pace resulting to the
death of KENETH ROY G. GABOR.

 Article 365 Art. 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 period shall be imposed.

 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. (Republic
Act 3815 otherwise know the Revised Penal Code of the
Philippines.)

2. Why is the crime committed?

 Reckless Driving - Who is a reckless driver? The Department

of Justice defines a reckless driver when he operates a motor
vehicle without reasonable caution. Without reasonable
caution means:
(https://www.philstar.com/metro/2011/06/04/692501/doj-
defines-reckless-driving#:~:text=The%20DOJ)

1) Not considering the width, traffic, grades, crossing,

curvatures, visibility and other conditions of the highway
and the conditions of the atmosphere and weather;

4
 2) Endangering the property or the safety or rights of any
person; and

3) Causing excessive or unreasonable damage to the

highway.

Legal basis: Article 365 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 period shall be imposed.

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. (Republic Act 3815 otherwise
know the Revised Penal Code of the Philippines.)

The Department of Justice (DOJ) warns that reckless driving–including

over-speeding, drunk driving, and distracted driving–is punishable
under Republic Act 4136.

1. Over-speeding - Over speeding are called “Killer Highways” because

of the number of accidents they cause. A proper speed prescribed by
the law is described as:
 A speed that is careful and prudent, not greater or less than what
is reasonable and proper considering traffic, road and other
existing conditions
 A speed that will not endanger the life, limb and property of any
person
 A speed that will permit a driver to bring his vehicle to a stop
within the assured clear distance ahead.

2. Drunk-driving One's degree of "drunkenness" may depend upon the

blood alcohol content indicator.

According to DOJ, national laws should adopt such an indicator

similar to initiatives already started at the level of the local government
5
 units (LGUs). For instance, Navotas and Makati City defines a drunk
driver "if he registers a Blood Alcohol Content level of 0.06% within one
(1) hour of his apprehension."

3. Distracted driving According to DOJ, distracted driving is a form of

reckless driving, because it takes a driver's attention away from the
road, "causing him to commit acts or omissions that may endanger
himself and others."

The most common causes of distractions include:

i. Conversing with another person in the vehicle or on the phone
ii. Retrieving objects in the floor/dashboard
iii. iEating or drinking
iv. Adjusting car radios
v. Using any other gadget or device like mobile phones,
laptops/iPads, iPods/MP3 players or GPS-enabled devices

If there are damages and injuries as a result of reckless driving, then

the Revised Penal Code will be applied. According to DOJ, "depending
on the extent of damages caused, a person may be charged with
crimes such as physical injuries, damage to property or even homicide
and murder." (https://doj.gov.ph/files/advisory.pdf)

3. Where was the crime committed?

The crime committed at PICAS – San Jose DZR Airport, Barangay

88 Fisherman Village, Tacloban City, Leyte, 6500. The incident
happened towards the direction of Fisherman Village coming from
Leyte Colleges SJ Campus. It happened 12:30 in the afternoon
with a sunny day

6
 .

4. When was the crime committed?

The crime was committed at 12:30 in the afternoon on December 08,
2023. When the victim is turning left towards the direction of Fisherman
Village, the perpetrator was driving in a fast pace towards the direction of
Cocina Gregoria. The witness state that the perpetrator was driving too fast
and not paying attention to the road. They signal to turn towards Fisherman
Village but the perpetrator didn’t saw because of driving too fast.

5. Who are the Victim and the Perpetrator of the crime?

Perpetrator – RAPHAEL JAY M. QUIRAY, 21 years old, resident of Brgy.59
Picas Sagkahan, Tacloban City, married, a Filipino Citizen committed the
crime of Reckless Imprudence resulting to Homicide.

Victims – KENETH ROY G. GABOR, 23 years old, resident of Brgy. 80

Marasbaras, Tacloban City, single, a Filipino Citizen, the driver of the motor
vehicle and died during the incident.

CARL JEFFNER E. ESPINA, 21 years old, resident of Brgy. 80 Marasbaras,

Tacloban City, single, a Filipino Citizen, the passenger of the motor vehicle
driven by KENETH ROY GABOR.

7
6. HOW IS THE CRIME COMMITTED?

 The crime committed was Reckless Imprudence Resulting to

Homicide. Because Mr. RAPHAEL JAY M. QUIRAY was
driving to fast in his Yamaha MIO Gravis with a plate number
of ILY-982 and hit the motor vehicle of driven by Mr.
KENETH ROY G. GABOR and CARL JEFFNER E. ESPINA

 Article 365 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 period shall be imposed.

 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. (Republic
Act 3815 otherwise know the Revised Penal Code of the
Philippines.)

8
 The Reenactment
of Reckless
Imprudence
Resulting to
Homicide
For Academic Year
2023-2024
(SAT CDI-4 CR647)

C. PRESENTATION OF EVIDENCE

9
 EXHIBIT #1

Exhibit #1 - This evidence was found at the crime scene. This is the helmet
of the deceased victim, Keneth Roy G. Gabor. It is cracked due to the strong
impact of the collision, resulting in the death of the victim.

EXHIBIT #2

Exhibit #2 - This is the side mirror of the motor vehicle of the victim Keneth
Roy G Gabor. It is extracted from the motor vehicle due to the impact of the
collision and was found a few inches from the victim’s body.

10
 EXHIBIT #3

Exhibit #3 – This is the ID of the deceased victim, this ID helps to easily

identify the name of the victim and it was found in the crime scene near the
body of the victim.

EXHIBIT #4

Exhibit #4 - This headlight was found at the crime scene. Due to a powerful
impact, it was removed from Kenneth Roy Gabor's motorcycle.

11
 EXHIBIT 5

Exhibit #5 - This is the umbrella of the deceased victim. Keneth Roy G.

Gabor. It has slight damage in the handle and was seen a few inches away
from the victim’s body because of the impact.

EXHIBIT 6

Exhibit #6 – This was the cover of motor vehicle it was detach in the vehicle
after the collision of the two motor vehicle this evidence also scattered in the
crime scene.

12
 EXHIBIT 7

Exhibit #7 - This is one of the evidences found on the crime scene. It is a

Smart Phone of the victim containing its personal information which can be
a source to know the victim's identity. The screen of the phone is broken due
to the impact of the incident.

EXHIBIT 8

Exhibit #8 - This evidence was found in the crime scene. A pair of slipper of
the victim Kenneth R. Gabor was found with a blood stain found near
Raphael Jay M. Quiray motor vehicle.

13
 EXHIBIT #9

Exhibit #9 - This evidence was found in a crime scene. This wallet is one of
the personal belongings of the victim Kenneth R. Gabor. It was in the victim’s
pocket where it dropped due to the Collision. It was found under the motor
vehicle.

EXHIBIT #10

Exhibit #10 - Another evidence found at the crime scene is a part of the
motorcycle which scattered along with the other motor parts. This happened
due to the crash between motorcycles which caused great damage to it.

14
 EXHIBIT #11

Exhibit #11 - The shades owned by the deceased victim, as you can see it
breaks and turn in to pieces the victim surely suffered a great damage in
front of his head.

EXHIBIT #12

Exhibit #12 - This is the headlight cover of the motor vehicle driven by Keneth
G. Gabor. The aforementioned one was seen at the crime scene. The less
durable headlight cover has been unhitch during the collision.

15
 EXHIBIT #13

Exhibit #13 – This was found at the crime scene. The gasoline leaked due
to the position of the motor vehicle and the gasoline pipe was damaged
because of the strong impact of collision.

EXHIBIT #14

Exhibit #14 - This helmet is found in the crime scene it is owned by the Carl
Jeffner E. Espina the witness and the passenger of the deceased victim
Keneth Roy G. Gabor.

16
 EXHIBIT #15

Exhibit #15 – This is the skid marks found near the crime scene, this is the
skid mark found in the crime scene. With a length of 16 inches and was
found a few meters away from the perpetrators left side of the motor
vehicle.

EXHIBIT #16

Exhibit #16 - This hat belongs to the perpetrator and it was found at the crime
scene, this is one of the strong evidences against the perpetrator because
apart from over speeding, the motorcyclist did not have a helmet.

17
 The Reenactment
of Reckless
Imprudence
Resulting to
Homicide
For Academic Year
2023-2024
(SAT CDI-4 CR647)

D. (HERE IS THE 12 QUESTION AND ANSWER)

18
1. What are the FOUR WAYS of committing quasi- offenses
under Article 365?
The quasi-offense under art. 365 are committed in four ways:
 By committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light felony
2.
 By committing through simple imprudence or negligence an act which
would otherwise constitute a grave or a less serious felony 3.
 By causing damage to property of another through reckless
imprudence or simple imprudence or negligence 4.
 By causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.

2. Compare and contrast, Imprudence vs Negligence?

IMPRUDENCE NEGLIGENCE

Deficiency of action, Deficiency of perception.

Failure in precaution. Failure in advertence.

To avoid wrongful acts: one must take To avoid wrongful acts: paying proper
the necessary precaution once they attention and using due diligence in
are foreseen. foreseeing them.

3. Define, Reckless Imprudence?

Consist 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.

4. What are the Elements of Reckless Imprudence?

Elements
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part of the person
performing or failing to perform such act taking into consideration -
a. Employment or occupation.
19
 b. Degree of intelligence, physical condition.
c. and Other circumstances regarding persons, time and place.

5. What is the "Test of Negligence?"

Would a prudent man, in the position of the person whom negligence
is attributed, foresee harm to the person injured as a reasonable
consequence of the course out to be pursued? If so, the law imposes a
duty on the actor to refrain from that course or to take precaution against its
mischievous results, and the failure to do so constitutes negligence.

6. Define Simple Imprudence?

"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.

7. What are the Elements of Simple Imprudence?

1. That there is a lack of precaution on the part of the offender; and
2. That the damage impending to be caused is not immediate nor the
danger clearly manifest.

8. What are the Penalties provided for in Article 365, are not
applicable when? And its exceptions?
The penalties provided for in article for in article 365 are not applicable when:

1. The penalty provided for the offenses is equal to or lower than those
provided in the first two paragraphs art 365;
2. By imprudence or negligence, and with violation of the automobile law,
the death of a person shall be caused.

Exception: Sec. 55 of RA 4136, the driver can leave his vehicle without aiding
the victims if:

1. He is in imminent danger of being harmed,

2. He wants to report to the nearest officer of the law, or
3. He desires to summons a physician or a nurse for medical assistance
to the injured.

9. What is the Doctrine of the Last Clear Chance?

The contributory negligence of the party injured will not defeat the
action if it be shown that the accused might by the exercise of reasonable
care and prudence, have avoided the consequences of the negligence
injured party.

20
10. What is the Doctrine of Emergency Rule?
The emergency rule provides that an automobile driver who, by the
negligence of another and not by his own negligence, is suddenly placed in
an emergency and compelled to act instantly to avoid a collision or injury is
not guilty of negligence if he makes such a choice which a person of ordinary
prudence placed in such a position might make even though he did not make
the wisest choice.

11. What is the Ruling of the Supreme Court in Ivler vs San

Pedro?
The SC held in the case of Ivler v. San Pedro (G.R. No. 172716, Nov.
17, 2010) that reckless imprudence or negligence is a crime in itself. Hence,
once convicted or acquitted of a specific act of reckless imprudence, the
accused may not be prosecuted again for that same act For the essence of
the quasi offense of criminal negligence under Art. 365 of the RPC lies in the
execution of an imprudent or negligent act that, if intentionally done, would
be punishable as a felony. The law penalizes thus the negligent or careless
act, not the result thereof. The gravity of the consequence is only taken into
account to determine the penalty; it does not qualify the substance of the
offense. And, as the careless act is single, whether the injurious result should
affect one person or several persons, the offense (criminal negligence)
remains one and the same, and cannot be split into different crimes and
prosecutions.

12. Enumerate at least 5 paragraphs. What you have

learned in CDI 4 Discuss by your Teacher VJL III, that
maybe used by you in the real world.
I have learned in CDI 4 discussed by our teacher VJL III, the concept
of traffic accident investigation that is useful for us in the real world as a future
law enforcer. The knowledge that we've gain throughout the discussions will
accompany us to be more careful in driving motor vehicle on a highway and
in the preparation of selective enforcement plans and policies for special and
emergency traffic situations. Those topics will serve as an application in the
near future.

I obtained that the idea behind the 5W's and 1H questions help us establish
the fundamentals of our final project. An easy but significant effective method
in collecting information’s. It allows us to know and appreciate the full scope
of the topic being discussed.

Our teacher VJL III acquire a knowledge on matter of the different agencies
in the Philippines involved in traffic management. As a future arm of the law,
knowing the different agencies as well as their appropriate role shall fair
21
access for different transport modes, and the more sustainable modes in
roads and streets are safe for all users, including pedestrians and cyclists. It
contributes to effective urban planning and development and minimizes
congestion on the road.

Having an insight regarding the reckless driving-including over-speeding,

drunk driving and distracted driving punishable under Republic Act 4136 can
educate drivers and other users about the risks to encourage behavior
change and safe choices. With the right decision-making and proper
application, we can learn how to stay safe on the roads and avoid getting
into legal trouble. It is important to understand the laws and regulations
surrounding us to get back on track.

Mr. Lentejas taught us the steps to be taken as a future law enforcer during
traffic accident, how to conduct and properly investigate the crime scene,
calculate the possible reason and position of the evidences that are found.
The prevention and possible cause of the accident.

22
 The Reenactment
of Reckless
Imprudence
Resulting to
Homicide
For Academic Year
2023-2024
(SAT CDI-4 CR647)
E. THE AFFIDAVIT

23
Republic of the Philippines )
Province of Leyte ) Sworn Statement
City of Tacloban.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, CARL JEFFNER E. ESPINA, legal age, single, resident of Brgy.80

Marasbaras, Tacloban City, after having sworn in accordance with law, do
hereby depose and state THAT:

01. I was present and personally saw that respondent, RAPHEAL

JAY M. QUIRAY, committed the crime of RECKLESS IMPRUDENCE
RESULTING TO HOMICIDE against the victim KENETH ROY G. GABOR.

02. I am the brother of the victim KENETH ROY G. GABOR and we

are together when the accident happens, I lost consciousness after being hit
by the motor vehicle. I only regained consciousness at around 12 midnights
when I was at the Emergency Room of the Leyte Provincial Hospital,

03. Upon regaining consciousness, the attending physician. Dr.

YASMIN CARYL R. LLANO., informed me that I was involved in a vehicular
collision and that I suffered multiple fractures to my ribs, hip and legs.
Further, Dr. LLANO informed me that my brother unfortunately suffered to
much damage and severed bleeding resulting to his death.

04. A few minutes after regaining consciousness, Police CPT. LYKA

MAE ESCALONA arrived and questioned me about the incident.
Subsequently, Police CPT. LYKA MAE ESCALONA gave me a copy of the
Incident Report.

05. After receiving report of the death of my brother and having a

copy of Incident report, I personally file a complaint against the respondent,
RAPHAEL JAY M. QUIRAY. And give my statement of the truth before the
incident.

06. While on December 08, 2023 at around 12:30 pm, We are turning
left towards the direction of Fisherman Village coming from Leyte Colleges
SJ Campus St. when a motor vehicle, with Plate Number ILY-982 driven by
RAPHAEL JAY M. QUIRAY, approaching in a fast pace, suddenly bumps
into the right portion of the motor vehicle we are driving, thereby causing the
death of the victim KENETH ROY G. GABOR.

07. From the above discussion, it is clear that I the respondent,

RAPHAEAL JAY M. QUIRAY was lack of precaution and driving
24
 in a fast pace and unfortunately killing my brother clearly
violated the Art. 365 of the Revised Penal Code and to be
punished by;

08. Reckless Imprudence resulting to homicide punishable under

Article 365 of the Revise
Penal Code, to quote

"Article 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 period shall be imposed.

09. In view of the foregoing. I am executing this Affidavit to attest to

the truthfulness of the foregoing the facts and to support the filing of Criminal
Case against the respondent RAPHAEL JAY QUIRAY for committing
“RECKLESS IMPRUDENCE RESULTING TO HOMICIDE”.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 10th day

of December at Tacloban City, Leyte, Philippines.

CARL JEFFNER E. ESPINA

Affiant

SUBSCRIBED AND SWORN to before me this 10th day of December

at Tacloban City, Leyte Philippines. I HEREBY CERTIFY that I have
personally examined the herein affiants and I am satisfied that they
voluntarily executed and understood their given affidavit.

Atty. STEPHANIE V. DAGAMI

Notary Public

Doc No. 1982

Page No. 02
Book No. 06
Series of 2023
25