Republic Act No. 11362 or “An Act Authorizing the Court to Require Community Service in lieu of Imprisonment for Penalties of Arresto Menor and Arresto Mayor Amending for the Purpose Chapter 5, Title 3, Book 1 of Act No. 3815, as amended, otherwise known as the Revised Penal Code” was signed into law on August 08, 2019 by then President Rodrigo Roa Duterte. The said law inserted Article 88a in the Revised Penal Code which empowers and authorizes our courts to require community services in lieu of imposing jail time to person convicted with light felonies. Community Service, as defined under the said law, shall consist of any actual physical activity which inculcates civic consciousness and is intended towards the improvement of a public work or promotion of public service.
As stated therein, the court in the discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor may 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, taking into consideration the gravity of offense and the circumstances of the case, which shall be under the supervision of a probation officer: Provided, That the court will prepare an order imposing the community service, specifying the number of hours to be worked and the period within which to complete the service. The order is then referred to the assigned probation officer who shall have responsibility of the defendant.
The defendant shall likewise be required to undergo rehabilitative counseling under the social welfare and development office of the city or municipality concerned with the assistance of the Department of Social Welfare and Development (DSWD). In requiring community service, the court shall consider the welfare of society and the reasonable probability that the person sentenced shall not violate the law while rendering public service.
As further emphasized therein, if the defendant violates the terms of the community service, the court shall order his/her re-arrest and the defendant shall serve the full term of the penalty.
In a case[1] recently decided by the Supreme Court, the accused was originally convicted for slight physical injury and unjust vexation for which he was meted out a straight penalty of fifteen (15) days of arresto menor in both offenses, respectively. Thereafter, accused filed a Motion for Reconsideration praying that the Supreme Court modifies the penalty from imprisonment to community service.
The Supreme Court, in granting said Motion, explained: While generally, laws are prospective in application, penal laws which are favorable to the person guilty of the felony who is not a habitual criminal, as in this case, are given retroactive effect following Article 22 of the Revised Penal Code. It goes without saying, therefore, that the benefits granted under Republic Act No. 11362, being more favorable to Peña, and despite having been enacted three (3) years after the promulgation of judgment in his case, can still be availed by him.
In this regard, A.M. No. 20-06-14-SC or the Guidelines in the Imposition of Community Service as a Penalty in Lieu of Imprisonment, decrees: Thus, all judges concerned shall observe these guidelines in allowing rendition of community service in lieu of imprisonment in the service of penalty for arresto menor or arresto mayor:
- After promulgation of judgment or order where the imposable penalty for the crime or offense committed by the accused is arresto menor or arresto mayor, it shall be the court’s duty to inform the accused of and announce in open court his/her options within fifteen (15) calendar days from date of promulgation, to wit: (a) file an appeal; (2) apply for probation as provided by law; or (3) apply that the penalty be served by rendering community service in the place where the crime was committed. It shall further be explained to the accused that if he/she chooses to appeal the conviction, such resort thereto bars any application for community service or probation.
Due to the unavailability of the foregoing options to Peña before the trial court, the Regional Trial Court and the Court of Appeals, he may, at the first instance before this Court, validly apply for the conversion of his sentence from imprisonment to community service.
It must be emphasized, however, that the imposition of the penalty of community service is still within the discretion of the court and should not be taken as an unbridled license to commit minor offenses. It is merely a privilege since the offender cannot choose it over imprisonment as a matter of right.
Further, in requiring community service, the court shall consider the welfare of society and the reasonable probability that the person sentenced shall not violate the law while rendering the service. With the enactment of Republic Act No. 11362, apart from the law’s objective to improve public work participation and promote public service, it is expected that the State’s policy to promote restorative justice and to decongest jails will be achieved.[2]
[1] G.R. No. 261807, August 14, 2024
[2] Idem