APRIL 23, 2016

NR # 4179B

Community service instead of imprisonment for lesser crimes

A House leader is confident that the Senate would pass her House-approved bill
adding community service as a form of penalty for minor crimes under the Revised Penal
Code.
Rep. Marlyn L. Primicias-Agabas, who is also chairman of the sponsoring
Committee on Revision of laws, is author of HB 5281 entitled An Act authorizing the
court to require community service in lieu of imprisonment for the penalty of Arresto
Menor, amending for the purpose Chapter 5, Title 3, Book 1 of Act No., 3815, as amended,
otherwise known as the Revised Penal Code.
This proposed amendatory statute will greatly decongest our jails and
penitentiaries and conserve the much needed resources that could be diverted to more
practical endeavors of government, Primicias-Agabas stressed.
The lady lawmaker pointed out that the proposal which, for one reason or another,
the past Congresses failed to act with finality, requires that the community service be
supervised and monitored by a Barangay Captain or a Probation Officer.
Arresto Menor, under the Revised Penal Code, is the penalty of imprisonment of
one (1) day to thirty (30) days. It is imposed on lesser crimes such as alarm and scandal
(Art. 155), slight physical injuries (Art. 26), theft of less than five (P5.00) pesos (Art.
309), deceit (Art. 318), malicious mischief where the value is less than P200.00, and
imprudence and negligence constituting light felony (Art. 305).
The measure also provides that in cases of violation of the terms of the community
service, the accused may be re-arrested and the remaining penalty be served in jail.
The proposed amendments also specify that the community service as penalty for
lesser crimes may be availed of only once, she added.
Under HB 3565, Chapter 5, Title 3, Book 1 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code, is hereby further amended to include an additional
section to read as follows:
ART. 88-A COMMUNITY SERVICE. THE COURT MAY, IN LIEU OF
SERVICE IN JAIL, MOTO PROPIO, REQUIRE THAT THE PENALTIES OF
ARRESTO MENOR BE SERVED BY THE DEFENDANT BY RENDERING
COMMUNITY SERVICE IN THE PLACE WHERE THE CRIME WAS COMMITTED,
UNDER SUCH TERMS AS THE COURT SHALL DETERMINE AND UNDER THE
SURVEILANCE OF THE BARANGAY CAPTAIN OF THE COMMUNITY OR A

PROBATION OFFICER. FURTHER, THE ABOVEMENTIONED DEFENDANT

SHALL BE SUBJECTED TO REHABILITATIVE COUNSELING.
IN REQUIRING COMMUNITY SERVICE, THE COURT SHALL CONSIDER
THE WELFARE OF THE SOCIETY AND THE REASONABLE PROBABILITY THAT
THE PERSON SENTENCED SHALL REMAIN AT LIBERTY WITHOUT VIOLATING
THE LAW.
COMMUNITY SERVICE SHALL CONSIST OF ANY ACTUAL PHYSICAL
ACTIVITY WHICH INCULCATES CIVIC CONSCIOUSNESS, AND IS INTENDED
TOWARDS THE IMPROVEMENT OF A PUBLIC OR PROMOTION OF A PUBLIC
SERVICE.
SHOULD THE PERSON SENTENCED VIOLATE THE TERMS FOR
RENDERING COMMUNITY SERVICE, THE COURT SHALL ORDER HIS REARREST AND THE PENALTY SHALL BE SERVED IN JAIL. SHOULD THE
PERSON SENTENCED COMPLY WITH THE TERMS FOR RENDERING
COMMUNITY SERVICE, THE COURT SHALL RENDER AN ORDER THAT
SENTENCE HAS BEEN FULLY SERVED.
THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN LIEU OF
SERVICE IN JAIL SHALL BE AVAILED OF ONLY ONCE.
The Department of Justice and the Department of Social Welfare and Development
shall issue the IRRs for the implementation of the provisions of this Act within 90 days
from effectivity thereof. (30) dpt