Atty. Julius Gregory Delgado
COMMUNITY SERVICE ACT
On 08 August 2019, President Rodrigo R. Duterte issued Republic Act No. 11362, otherwise known as the Community Service Act, which essentially gives the court, in its discretion, to require community service in lieu of imprisonment for minor offenses. The law is not self-executory, hence, the Supreme Court issued A.M. No. 20-06-14-SC, or the Guidelines in the Imposition of Community Service as Penalty in lieu of Imprisonment (“Guidelines”). The Guidelines became effective on 02 November 2020, after publication in two (2) newspapers of general circulation.
The purpose of the law is to promote restorative justice and decongest jails. The law allows community service in lieu of jail sentence for offenses punishable by arresto menor (imprisonment from 1 to 30 days) and arresto mayor (imprisonment from 1 month to 6 months). Under Article 88 (a) of the Revised Penal Code, “community service is actual physical activity which inculcates civic consciousness and is intended towards the improvement of a public work or promotion of a public service.”After promulgation of judgment or order where the imposable penalty 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 15 calendar days from date of promulgation, to wit: (a) file an appeal; (b) apply for probation as provided by law; or (c) apply that penalty be served by rendering community service in the place where the crime was committed.
The application may be resolved within five (5) days from receipt of the application. Upon receipt of the application for community service, the court shall immediately notify the following: (a) barangay chairperson or authorized representative of the barangay where the crime was committed; (b)representative from the provincial or city’s Probation Office; and (c) the local government unit’s Social Welfare Development Officer (SWDO).
The application shall be heard and decided with dispatch. Failure of the accused to appear at the said hearing, except for justified reasons, shall be a ground to deny the application and a warrant of arrest shall be issued against the accused. Any decision on the application, whether favorable or not, shall not be subject to appeal. If an application was denied and there is still time left to file an appeal or probation, the accused may do so. Also, an accused who has applied and was granted probation in a previous case is not disqualified to apply for community service in a subsequent case.
Being discretionary, the court may or may not grant an application subject to the following factors: (a) the gravity of the offense; (b) the circumstances of the case; (c) the welfare of the society; and (d) he reasonable probability that the accused shall not violate the law while rendering the service. Another limitation is that it cannot be granted to a habitual delinquent or a person, who within a period of ten years from the date of his release or last conviction of the crimes of Serious or Less Serious Physical Injuries, Robbery, Theft, Estafa or Falsification, is found guilty of any of said crimes a third time or oftener.
Finally, the Community Service Order takes immediately upon its issuance in open court. Upon which, the court shall inform the accused of the consequences thereof and explain that failure to comply with the terms or commission of another offense, he/she shall be re-arrested to serve the full term of the penalty. The Order shall contain the following: (a) details of the Community Service Program; (b) specific number of hours of community service and time frame within which to finish or comply the program; (c) referral of the accused to the Parole and Probation Office having jurisdiction where the crime was committed; (d) a statement requiring the concerned probation officer to provide a final report on the accused’s compliance with the program within five (5) calendar days from expiration of the period and recommendation for discharge if possible; (e) a statement requiring the SWDO to submit a report within five (5) calendar days after the completion of rehabilitative counseling; and (f) imposition of additional conditions as may be warranted by the circumstances of the case.