Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

9

H.B.No. 639

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. 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, fo 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.

ae
JUAN EDGARDO “SONN’

Represéntative
Lone District, Province of Aurora

M. ANGARA


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

H.B.No.__'

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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 FIVE, TITLE THREE, BOOK
ONE OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN ASTHE 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 AND ARRESTO MAYOR 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 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. Separability Clause. \f 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. 3. 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. 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.

Approved,