THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
S. B. NO. 
~ 215Q 
Introduced by 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 zoit: vagrancy (Art. 202); 
alarms and scandals (Art. 255) ; 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. 
EDGARD 
Q d / / h  
1. ANGARA 
Senator 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
5 061 25 f’B :.id 
THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
S. B. NO. x5 
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. Awesto 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 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 
JAIL. SHOULD THE PERSON SENTENCED COMPLY WITH THE 
ORDER HIS RE-ARREST AND THE PENALTY SHALL BE SERVED IN 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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. 
SEC. 2. Sepauability 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. 
SEC. 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. 
SEC. 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. 
27 
Appuoved,