QUESTION: Accused A has been found guilty of the crime of Alarms and Scandals which is punishable by arresto menor, can A apply for Community Service?
ANSWER: YES, A can apply for Community Service pursuant to Section 3 of RA 11362.
ABOUT
In January 2024, the Department of the Interior and Local Government (DILG) reported that according to the data of the Bureau of Jail Management and Penology (BJMP), there has been a decrease in the jail congestion rate from 367% in 2022 to 348% in 2023.
To further drop the jail congestion rate, Republic Act No. 11362, also known as the Community Service Act, was an effort made by the government to decongest jails by authorizing the court in its discretion to require community service in lieu of service in jail for offenses punishable by arresto menor and arresto mayor.
COMMUNITY SERVICE
For those accused/s penalized with arresto menor and arresto mayor, one of the options that the Judge provides to them, apart from filing an appeal and applying for Probation, is to apply for Community Service in lieu of imprisonment. Community service shall consist of any actual physical activity which inculcates civic consciousness, and is intended towards the improvement of a public work or promotion of a public service. An example would be clean up drive/s, pollution control, and traffic control in the place where the crime was committed.
To apply for the imposition of community service in lieu of service in jail, the Defendant must state the following:
- that he has not previously availed of the benefits of R.A. 11362,
- that no appeal has been perfected as of the filing of the application,
- that he is physically able and willing to comply with the terms of the community service program that this court may deem fit for him to undergo rehabilitative counseling, and
- that the grant of his application will not depreciate the gravity of the crime/offense charged nor cause any undue risk that during the period of community service, accused-applicant will commit another crime.
Under Section 3 of RA 11362, 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.
VIOLATION OF THE TERMS OF THE COMMUNITY SERVICE
In case of violation of the terms of the community service, the Defendant will be re-arrested and will serve the full term of the penalty, as the case may be, in jail, or in the house of the defendant as provided under Article 88. However, in case of full compliance, the Defendant shall be released unless detained for some other offenses.
In need of help in applying for Community Service? Reach out to us today via email at info@baisandanlaw.com or by phone at +63915 968 2503 or (045) 281 0164.