SC: Crime of reckless driving = NOT mere negligence
The following are the elements of the crime of reckless imprudence:- That the offender does or fails to do an act;
- That the doing or the failure to do that act is voluntary;
- That it be without malice;
- That material damage results from the reckless imprudence; and
- 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.
To constitute the offense of reckless driving, the act must be something more than a mere negligence in the operation of a motor vehicle, and a willful and wanton disregard of the consequences is required. (G.R. No. 213988, April 10, 2019)
ADDITIONAL READINGS:
[1] Cruz v. Court of Appeals, G.R. No. 122445, November 18, 1997, 282 SCRA 188, 199-200.
[2] Dumayag v. People, G.R. No. 172778, November 26, 2012, 686 SCRA 347, 359.
[3] G.R. No. 213988, April 10, 2019.
[2] Dumayag v. People, G.R. No. 172778, November 26, 2012, 686 SCRA 347, 359.
[3] G.R. No. 213988, April 10, 2019.
