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SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 1452
*17 
may 15
RECEIVED BV;
Introduced by Senator Richard |. Gordon
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 5, TITLE 3, BOOK I OF ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
EXPLANATORY NOTE
The Revised Penal Code provides for various crimes with varying penalties 
depending on the crime committed and the circumstances surrounding such crime. Many 
are in prison for committing non-violent or minor crimes punishable by the light penalty of 
arresto menor (1 day to 30 days] or the correctional penalty of arresto mayor (1 month and 
1 day to 6 months], as the case may be. For instance, in case a public officer abandons his 
office to the detriment of public service as provided for in Art. 238 (Abandonment of office 
or position] of the Revised Penal Code, the said public officer shall suffer the penalty of 
arresto mayor. Furthermore, in cases wherein any person who shall resist or seriously 
disobey any person in authority, he or she shall likewise suffer the penalty of arresto 
mayor. However, if such is committed to an agent of a person in authority which is not 
serious in nature, he or she shall suffer the penalty of arresto menor, as provided for in Art 
151 (Resistance and disobedience to a person in authority or the agents of such person] of 
the Revised Penal Code.
By using imprisonment as an answer to all crimes committed by such individuals, 
not only is the issue of safety in the community not addressed in any sustainable manner, 
but the cycle of impoverishment, loss of jobs, weakening of employment chances, damage 
to relationships, worsening of psychological and mental illnesses, and increased drug use is 
perpetuated. There are also many health risks associated with overcrowded prisons, 
including the spread of infectious disease, such as Tuberculosis and 
Human 
Immunodeficiency Virus (HIV]. In many countries violence is a common element of prison 
life, especially where there is overcrowding.1
In line with restorative justice, this bill proposes to introduce the alternative of 
community service wherein socially valuable work is performed without pay, and is 
required as part of a criminal sentence, especially one that does not include incarceration. 
Thus, this bill aims to rehabilitate the offender, the victim, and the community and thereby 
decongesting jails by authorizing the court, in its discretion^g,fequire community service 
in lieu of service in jail for offenses punishable by arrestOy/rfe^f^d arresto mayor.
). GORDON
Senator
1 Custodial and Non-Custodial Measures, Alternatives to Incarceration, United Nations (2006], p. 1.


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
))
)
SENATE
S.B. No. 1 4 5 2
Jennie
o( thr ^rrrrtar;*
RECtIVLD 8V:
Introduced by Senator Richard |. Gordon 1 1
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 5, TITLE 3, BOOK I OF ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
1 
SECTION 1. Short Title. - This Act shall be known as the "Community Service Act of
2 
2017."
3 
Sec. 2. Policy. - It is the policy of the State to promote restorative justice and
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decongest jails by authorizing the court in its discretion to require community service in
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lieu of service in jail for offenses punishable by arresto menor and arresto mayor.
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Sec. 3. Community Service. - Chapter 5, Title 3, Book 1 of Act No. 3815, as amended,
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otherwise known as the Revised Penal Code, is hereby further amended to include an
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additional section to read as follows:
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"ART. 89. COMMUNITY SERVICE. - THE COURT IN ITS DISCRETION
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MAY, IN LIEU OF SERVICE IN JAIL, REQUIRE THAT THE PENALTIES OF
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ARRESTO MENOR AND ARRESTO MAYOR BE SERVED BY THE DEFENDANT
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BY RENDERING COMMUNITY SERVICE IN THE PLACE WHERE THE CRIME
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WAS COMMITTED, UNDER SUCH TERMS AS THE COURT SHALL DETERMINE
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AND UNDER THE SUPERVISION OF THE BARANGAY CAPTAIN OF THE
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COMMUNITY OR A PROBATION OFFICER. THE DEFENDANT SHALL
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LIKEWISE BE REQUIRED TO UNDERGO REHABILITATIVE COUNSELING.
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IN REQUIRING COMMUNITY SERVICE, THE COURT SHALL CONSIDER
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THE WELFARE OF THE SOCIETY AND THE REASONABLE PROBABILITY
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THAT THE PERSON SENTENCED SHALL NOT VIOLATE THE LAW WHILE
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RENDERING THE SERVICE.
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COMMUNITY SERVICE SHALL CONSIST OF ANY ACTUAL PHYSICAL
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ACTIVITY WHICH INCULCATES CIVIC CONSCIOUSNESS, AND IS INTENDED
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TOWARDS THE IMPROVEMENT OF A PUBLIC WORK OR PROMOTION OF A
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PUBLIC SERVICE.


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IF THE DEFENDANT VIOLATES THE TERMS OF THE COMMUNITY 
SERVICE, THE COURT SHALL ORDER HIS RE-ARREST AND THE PENALTY 
SHALL BE SERVED IN JAIL. HOWEVER, IF THE DEFENDANT HAS FULLY 
COMPLIED WITH THE TERMS OF THE COMMUNITY SERVICE, THE COURT 
SHALL ORDER THE RELEASE OF THE DEFENDANT UNLESS DETAINED FOR 
SOME OTHER OFFENSE.
THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN LIEU OF 
SERVICE IN JAIL SHALL BE AVAILED OF ONLY ONCE."
Sec. 4. Implementing Rules and Regulations. - The Department of justice and the 
Department of Social Welfare and Development shall issue the rules and regulations to 
implement the provisions of this Act within ninety (90) days from its effectivity.
Sec. 5. Repealing Clause. - Chapter 5, Title 3, Book 1 of the Revised Penal Code is 
hereby amended and all laws, decrees, orders, rules and regulations, or other issuances or 
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly.
Sec. 6. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in force and effect.
Sec. 7. Effectivity. - This Act shall take effect after Fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines.
Approved,