Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
FIRST REGULAR SESSION

House BillNo,_ 3565

Introduced by Representative MARLYN L. PRIMICIAS -AGABAS

EXPLANATORY NOTE

This representation seeks to re-file the proposal providing Community
Service in our penal laws by amending Article 88 of Chapter 5, Title 3, Book | of
Act No. 3815, as amended, otherwise known as the Revised Penal Code.

A new Article 88-A is therefore introduced in order to provide community
service as a form of penal chastisement.

Arresto menor is imposed on less crimes such as alarm and scandal (Art.
155) slight physical injuries (Art. 26) theft of less than five pesos Art 309) deceit
(Art 318), malicious mischief where the value is less than 200 pesos imprudence
and negligence constituting light felony (Art. 305). The above stated crimes may
be eligible to community service in accordance with this proposal.

The measure will greatly decongest our jails and penitentiaries and
conserve much the needed resources that could be diverted to more practical
endeavors.

For one reason or the other, the past congresses failed to act with finality,
the proposal to allow the courts to penalize offenders punishable with arresto
menor or one (1) to thirty (30) days imprisonment to serve community service in
lieu thereof.

In this light, passage of the bill is being earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3565

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU
OF IMPRISONMENT FOR THE PENALTIES OF ARRESTO MENOR AND ARRESTO.
MAYOR, AMENDING FOR THE PURPOSE CHAPTER 6, TITLE 3, BOOK | OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Chapter 5, Title 3, Book | of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is hereby further amended to
include an additional section to read as follows:

“ART. 88-A. COMMUNITY SERVICE. - THE COURT MAY, IN LIEU OF
SERVICE IN JAIL, MOTU PROPIO, REQUIRE THAT THE PENALTIES 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 OR A_ PROBATION OFFICER. FURTHER, THE
ABOVEMENTIONED DEFENDANT SHALL BE SUBJECTED TO
REHABILITATIVE COUNSELING.

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 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 HAS BEEN FULLY SERVED.

THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN LIEU OF
SERVICE IN JAIL SHALL BE AVAILED OF ONLY ONCE.”

SEC. 2. Implementing Rules and Regulations ~ The Department of Justice
and the Department of Social Welfare and Development shall issue the IRRs for
the implementation of the provisions of this Act within ninety (90) days from
effectivity thereof.

SEC. 3. Separability Clause. If any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 4. Repealing Clause. Article 27 and Chapter 5, Title 3, Book | 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. 5. 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.

Approved,