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SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
SENATE
S.B. No. 1448
Introduced by Senator SONNY ANGARA
AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU 
OF DETENTION FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR THE 
PURPOSE CHAPTER FIVE, TITLE THREE, BOOK ONE OF ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
EXPLANATORY NOTE
Pursuant to Articles 27 and 88 of the Revised Penal Code (RPC), any person 
found guilty of a crime punishable by a penalty of arresto manor shall be detained for a 
period from one (1) day to thirty (30) days, either in the municipal jail or in the house of 
the defendant under the surveillance of an officer of the law.
Arresto manor is prescribed as penalty for crimes under the RPC, including 
alarms and scandals (Art. 155)\ slight physical injuries (Art. 266)] theft of a thing worth 
not over five pesos (Art. 309(7) and (8))] other deceits (Art. 318)] other mischiefs where 
the value does not exceed P200.00 (Art. 329(3))] and reckless imprudence constituting 
a light felony (Art. 365).
This bill shall authorize the courts, motu proprio, to require community service in 
lieu of imprisonment for offenses punishable by arresto manor. It is hoped that this kind 
of flexibility in the sentencing procedure will decongest the local jails, facilitate the 
rehabilitation of a person who committed a light felony, and prevent him/her from turning 
into a hardened criminal by his confinement in the already overcrowded jails.
We first filed this measure during the 16th Congress. It is now among the priority 
measures identified for the 17,h Congress. Hence, its swift passage earnestly sought.
SONNY ANGARA


SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 
1  
/1 H
Introduced by Senator SONNY ANGARA
of t!ir 
’l/irj*
*17 
HAY 10 1^2:48
RECCiViDt!;.
AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF 
DETENTION FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR THE PURPOSE 
CHAPTER FIVE, TITLE THREE, BOOK ONE OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. 
Article 88 of Act No. 3815, as amended, otherwise known as the Revised Penal 
Code, is hereby amended to read as follows:
ART. 88. Arresto menor. - The penalty of arresto menor shall be served (i) in 
the municipal jail, (ii) in the house of the defendant himself under the surveillance of 
an officer of the law, OR (iii) THROUGH COMMUNITY SERVICE AS DESCRIBED 
IN THE IMMEDIATELY SUCCEEDING ARTICLE, when the court so provides in its 
decision, taking into consideration the health of the offender and other reasons 
which may seem satisfactory to it.”
3815, as amended, is hereby further amended by inserting the following 
provisions as Article 88-A:
“ART. 88-A. COMMUNITY SERVICE. -  COMMUNITY SERVICE SHALL BE 
RENDERED IN THE PLACE WHERE THE CRIME WAS COMMITTED, UNDER 
SUCH TERMS AS THE COURT SHALL DETERMINE AND UNDER THE 
SURVEILLANCE OF A PROBATION OFFICER. 
FURTHER, THE PERSON 
RENDERING COMMUNITY SERVICE SHALL UNDERGO 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.


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“ COMMUNITY SERVICE SHALL CONSIST OF ANY ACTUAL PHYSICAL 
ACTIVITY THAT INCULCATES CIVIC CONSCIOUSNESS AND IS TOWARDS 
THE IMPROVEMENT OF A PUBLIC WORK OR THE 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. 3. Implementing Rules and Regulations (IRR). -  The Department of Justice and the 
Department of Social Welfare and Development shall issue the rules and regulations for the 
implementation of the provisions of this Act within ninety (90) days from effectivity.
SEC. 4. Separability Clause. 
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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. 5. Repealing Clause. -  Chapter 5, Title 3, Book I 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 .^ct 
is hereby repealed, modified or amended accordingly.
SEC. 6. 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,