Introduced bv SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Pursuant to Articles 27 and 88 of the Revised Penal Code, the penalty 
of arresto menor shall be from one (1) day to thirty (30) days only and shall be 
served either in the municipal jail or in the house of the defendant under the 
surveillance of an officer of the law. 
Arresto menor is imposed in several crimes, to wit: vagrancy (Art. 202); 
alarms and scandals (Art. 155) ; slight physical injuries (Art. 266) ; theft of a 
thing worth not over five pesos (Art. 309) ; certain deceits (Art. 318) ; 
malicious mischief where the value does not exceed P200.00 (Art. 329) ; or 
imprudence and negligence constituting a light felony (Art. 365). 
This bill shall require community service in lieu of service in jail for 
offenses punishable by arresto menor as the court may determine fit. It is 
hoped that this kind of flexibility in our sentencing procedure will decongest 
our local jails and prevent altogether the criminalization of the offender by 
his confinement in our already overcrowded jails. 
Passage of this measure is earnestly sought. 
EDGARDO J. ANGARA 
Senator 


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FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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SENATE 
S.B.No. 895 
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Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY 
SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTY OF 
ARRESTO MENOR, AMENDING FOR THAT PURPOSE ARTICLE 88 
OF THE REVISED PENAL CODE, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Act No. 3815, as amended, Article 88 is hereby amended 
to read as follows: 
“ART. 88. Arresto Menor. - The penalty of arresto menor shall be 
served on the municipal OR CITY jail or in the house of the defendant 
himself under the surveillance of an officer of the law, when the court 
so provides in its decision, taking into consideration which may seem 
satisfactory to it. 
THE COURT MAY, IN LIEU OF SERVICE IN JAIL, MOTU 
PROPIO, REQUIRE THAT THE PENALTY 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 SURVEILLANCE OF THE BARANGAY CAPTAIN OF 
THE COMMUNITY AND A PROBATION OFFICER. 
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 
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IMPROVEMENT OF A PUBLIC WORK OR PROMOTION OF A 
PUBLIC SERVICE. 
SHOULD THE PERSON SENTENCED VIOLATE THE TERMS 
FOR RENDERING COMMUNITY SERVICE, THE COURT SHALL 
ORDER HIS RE-ARREST 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 HAVE 
BEEN FULLY SERVED. 
THE PRIVILEGE OF RENDERING COMMUNITY SERVICE 
IN LIEU OF SERVICE IN JAIL SHALL BE AVAILED OF ONLY 
ONCE. 
SECTION 2. Separability Clause. If any provision, or part hereof 
held invalid or unconstitutional, the remainder of the law or the provision not 
otherwise affected shall remain valid and subsisting. 
SECTION 3. Repealing Clause. Articles 27 and 88 of the Revised 
Penal Code, is hereby amended and any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with the provisions of this Act is hereby repealed, 
modified, or amended accordingly. 
SECTION 4. Effectivity Clause. This Act shall take effect fifteen 
(15) days after its publication in the Official Gazette or in at least two (2) 
newspapers of general circulation, whichever comes first. 
Approved, 
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