GROUP 2:

May Angelica M. Teneza – Lawyer

Jeffrey Buena – Client
Cherrie Marie Javines – Client’s Witness

ACTIVITY 9:
SUBJECT: Role Play Report Outline

1. Nature of Legal Problem

Reckless Imprudence Resulting to Homicide

2. Applicable law

Reckless Imprudence resulting to Homicide is a criminal case

which under Article 365 of the Revised Penal Code 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
period shall be imposed.

Any person who, by simple imprudence or negligence, shall commit

an act which would otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum periods; if it would
have constituted a less serious felony, the penalty of arresto mayor in its
minimum period shall be imposed.

When the execution of the act covered by this article shall have
only resulted in damage to the property of another, the offender shall be
punished by a 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.

A fine not exceeding two hundred pesos and censure shall be

imposed upon any person who, by simple imprudence or negligence,
shall cause some wrong which, if done maliciously, would have
constituted a light felony.
 In the imposition of these penalties, the court shall exercise their
sound discretion, without regard to the rules prescribed in Article sixty-
four.

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 court shall impose the penalty next lower in degree than
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, to death of a person shall be caused, in which
case the defendant shall be punished by prision correccional in its
medium and maximum periods.

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.

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.

The penalty next higher in degree to 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).

3. A brief summary of facts

On January 3, 2021 at six o’clock in the morning, Noche Buena was

crossing the pedestrian lane from west to east direction along the national
highway in front of Ilocos Training Regional Medical Center (ITRMC), when a
motorcycle suddenly bumped and hit her. The owner of the motorcycle with
description: Motoposh 155 bearing a plate number 140105 was owned and
driven by Jackie Chan, 30 years old, single and a resident of Tavora Proper,
Pugo, La Union. Noche Buena was rushed to the hospital but due to severe
head injury, she died. The incident was witnessed by many persons, most of
them are employees and patients/clients of ITRMC and other nearby offices.
The witness said that the driver of the motorcycle was driving his motorcycle in
a high speed without regard to traffic rules and regulations and considering
that he is approaching the hospital which is expected that many persons will
cross the pedestrian lane.

4. ISSUE:

Whether or not the accused is liable for Reckless Imprudence Resulting

to Homicide for the death of the victim?

5. ARGUMENTS:

Reckless imprudence, as defined in Article 365 of the RPC, 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 order to establish a motorist’s liability for the negligent operation of a

vehicle, it must be shown that there was a direct causal connection between
such negligence and the injuries or damages complained of. To constitute the
offense of reckless driving, the act must be something more than a mere
negligence in the operation of a motor vehicle – a willful and wanton disregard
of the consequences is required.

Willful, wanton or reckless disregard for the safety of others within the
meaning of reckless driving statutes has been held to involve a conscious
choice of a course of action which injures another, either with knowledge of
serious danger to others involved, or with knowledge of facts which would
disclose the danger to any reasonable person. Verily, it is the inexcusable lack
of precaution or conscious indifference to the consequences of the conduct
which supplies the criminal intent and brings an act of mere negligence and
imprudence under the operation of the penal law, without regard to whether
the private offended party may himself be considered likewise at fault.

The act of the accused of driving very fast as approaching a pedestrian

lane was the proximate cause of the collision, resulting to the death of the
victim. Indeed, the very fact of speeding, under such circumstances, is
indicative of imprudent behavior. As a motorist, the accused was bound to
exercise ordinary care in such affair by driving at a reasonable rate of speed
commensurate with the conditions encountered, as this would enable him to
keep the vehicle under control and avoid injury to others using the highway.

6. Conclusion and Contract of Legal Services

A. Conclusion

From the facts narrated by the complainant and supporting documents

presented, it can be gleaned that the client, Jeffrey Buena, has the legal ground to file
a case against the motorist, Jackie Chan, for Reckless Imprudence Resulting to
Homicide for the death of his mother, Noche Buena.

The elements of reckless imprudence are as follows:

(1) that the offender does or fails to do an act;

(2) that the doing or the failure to do that act is voluntary;
(3) that it be without malice;
(4) that material damage results from the reckless imprudence; and
(5) that there is inexcusable lack of precaution on the part of the
offender, taking into consideration his employment or occupation,
degree of intelligence, physical condition, and other circumstances
regarding persons, time, and place.

Applying it in the present case, it is clear that all the above-mentioned

elements are present. Jackie Chan failed to observe the required speed upon
approaching a pedestrian lane without regard to the safety of others, which act
results to the death of the victim.

The incident was solely attributed to the fault of the Jackie Chan who
drove his motorcycle in a reckless and imprudent manner even knowing that
the place where the incident happened was a pedestrian lane. If he only applied
the necessary precautionary measures while he was driving, such incident
would have not happened.

B. Contract of Legal Services

Since this case involves a criminal case, only the civil aspect of the case
shall be handled by the Law Firm, while the criminal aspect shall be handled
by the public prosecutor.

The Law Firm will assist the client in drafting Complaint-Affidavit,

Judicial Affidavits and other pleadings and supporting documents necessary
for the filing of the case. The Law Firm shall also provide legal assistance to the
Client as may be deemed necessary before and during the trial of the case, and
after the promulgation of the decision by the court.

CONTRACT OF LEGAL SERVICES

KNOW ALL MEN BY THESE PRESENTS:

 This CONTRACT made and executed this ___ day of _____________ 2021
at San Fernando City, La Union, by and between:

JEFFREY BUENA, Filipino citizen, of legal age, married and a resident of

Barangay Parian, City of San Fernando, La Union, hereinafter referred to as the
"CLIENT";

- and -

BTG LAW FIRM, a law firm organized under and by virtue of the laws of
the Republic of the Philippines as a general professional partnership, with
principal office at 1st Floor, TM Building, San Fernando City, La Union,
Philippines, and represented in this act by its Managing Partner, Atty. May
Angelica M. Teneza, hereinafter referred to as the "LAW FIRM";

WITNESSETH: That -

WHEREAS, the client intends to file a Complaint for Reckless

Imprudence Resulting in Homicide against JACKIE CHAN;

WHEREAS, the LAW FIRM has offered its professional legal services to
the CLIENT and CLIENT agrees to retain the professional legal services of the
LAW FIRM to represent him in this case;

NOW THEREFORE, for and in consideration of the mutual covenants

and agreements herein agreed upon, the CLIENT and the LAW FIRM, by these
presents, have entered, as they hereby enter, into a contract of services
whereby the LAW FIRM shall render legal services to the CLIENT, under the
following terms and conditions:

1. The CLIENT agrees to pay the LAW FIRM the amount of ONE HUNDRED
THOUSAND PESOS (P100,000.00), for the contractual legal services to
be performed by the LAW FIRM in filing the Complaint for Reckless
Imprudence Resulting in Homicide;

2. The contractual legal services covers the following:

 Drafting of Complaint-Affidavit, Judicial Affidavits and other
pleadings;
 Notarial requirements;
 Appearances in mediation proceedings;
 All court appearances;
 All office supplies and photocopy expenses;
 Further consultations as may be necessary
 3. That the contractual fee for rendering the legal services shall be payable
progressively according to the following work output:

Upon signing this agreement P20,000.00

Upon filing of the case 20,000.00
Upon pre-trial hearing 20,000.00
Upon commencement of the trial 20,000.00
Upon judgement whether or not in client’s favor 20,000.00
Total P100,000.00

4. The contractual price stated above excludes the following expenses:

 Filing fee;
 Service of summons;
 Publication expenses
 Costs for appellate review.

5. The LAW FIRM shall not, either during the term of this contract or any
time thereafter, use or disclose to any person, office, corporation or entity
any confidential information concerning the affairs of the CLIENT which
he may have acquired in the course of or as incident to this contract for
its own benefit, or to the detriment or probable detriment of the CLIENT;

6. It is understood and agreed that nothing in this contract shall be

construed as establishing the relationship of employer-employee between
the CLIENT and the LAW FIRM, including its personnel;

7. Any violation of the terms and conditions of this contract by the LAW
FIRM shall give the CLIENT the option to rescind or cancel immediately
the contract without necessity of judicial proceedings;

8. That in case of withdrawal of the CLIENT in any stage of the case for any
reason, any amount paid by the CLIENT to the LAW FIRM shall not be
refundable.

IN WITNESS WHEREOF, the parties have signed this instrument this

_____________ at _____________, Philippines.

CLIENT LAW FIRM

By:
JEFFREY BUENA MAY ANGELICA M. TENEZA
Managing Partner

SIGNED IN THE PRESENCE OF

_________________ _______________