, VS. COURT OF APPEALS, AND PEOPLE OF THE PHILIPPINES

Ruling

Accordingly, the imposable penalty for reckless imprudence resulting in damage to property to the extent of P 8,542.00 would be arresto mayor in its minimum and medium periods, which could be anywhere from a minimum of 1 month and 1 day to a maximum of 4 months, at the discretion of the court, since the fifth paragraph of Article 365 provides that in the imposition of the penalties therein provided the courts shall exercise their sound discretion without regard to the rules prescribed in article 64. II. Classification of the Quasi Offense in Question. Felonies are committed not only by means of deceit ( dolo ), but likewise by means of fault ( culpa ). There is deceit when the wrongful act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill. [26] As earlier stated, reckless imprudence resulting in slight physical injuries is punishable by public censure only. Article 9, paragraph 3, of the Revised Penal Code defines light felonies as infractions of law carrying the penalty of arresto menor or a fine not exceeding P 200.00, or both. Since public censure is classified under Article 25 of the Code as a light penalty, and is considered under the graduated scale provided in Article 71 of the same Code as a penalty lower than arresto menor , it follows that the offense of reckless imprudence resulting in slight physical injuries is a light felony. On the other hand, reckless imprudence also resulting in damage to property is, as earlier discussed, penalized with arresto mayor in its minimum and medium periods. Since arresto mayor is a correctional penalty under Article 25 of the Revised Penal Code, the quasi offense in question is a less grave felony not a light felony as claimed by petitioner. III. Applicability of the Rule on Complex Crimes. Since criminal negligence may, as here, result in more than one felony, should Article 48 of the Revised Code on complex crimes be applied? Article 48 provides as follows: ART. 48. Penalty for complex crimes . -- When a single act constitutes two or more grave or less grave felonies, or when an offense is necessary a means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Clearly, if a reckless, imprudent or negligent act results in two or more grave or less grave felonies, a complex crime is committed. However, in Lontok v. Gorgonio , [27] this Court declared that where one of the resulting offenses in criminal negligence constitutes a light felony, there is no complex crime, thus: Applying article 48, it follows that if one offense is light, there is no complex crime. The resulting offenses may be treated as separate or the light felony may be absorbed by the grave felony. Thus, the light felonies of damage to property and slight physical injuries, both resulting from a single act of imprudence, do not constitute a complex crime. The