HOUSE OF REPR!

TATIVES

RECEIVED |
Republic of the Philippines Date, 20 oh .
HOUSE OF REPRESENTATIVE leer |

Quezon City i Ep

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SEVENTEENTH CONGRESS a
First Regular Session RTOS -ROTION UNIT

HOUSE BILL NO. _335_

SAND INDEX SERVICE

AN ACT
AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF
IMPRISONMENT FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR
THE PURPOSE CHAPTER 5, TITLE 3, BOOK | OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

EXPLANATORY NOTE

Retributive justice is a theory in criminal justice that an equivalent penalty is
expected of the commission of a wrong, while restorative justice focuses on the
rehabilitation of the offender, the victim and the community. It aims to bring back
the offender to his whole self again and be a productive member of the society.

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. It has
reached Third and Final Reading in the 16" Congress. Further, this Representation
believes that by rendering community service, it will strengthen the sense of
belongingness of the offender to the community and will help accused reform and
become a rehabilitated member of the community.

In the proposal, a new Article 88-A is hereby 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. 266); theft of a thing 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

( p (


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 eamestly sought


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
HOUSE BILL NO. 335

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF
IMPRISONMENT FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR
THE PURPOSE CHAPTER 5, 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, 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 SUPERVISION
OF THE BARANGAY CAPTAIN OF THE COMMUNITY OR A
PROBATION OFFICER. THE DEFENDANT SHALL LIKEWISE
BE REQUIRED TO 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 NOT VIOLATE THE LAW WHILE
RENDERING THE SERVICE.

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.

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. 2. Implementing Rules and Regulations (IRR). - 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. 3. Repealing Clause. - 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. 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. 5. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation

Approved,