THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
S. No. 
Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
Pursuant to Article 27 of the Revised Penal Code, arresfo menor 
prescribes imprisonment from one day to thirty days. This bill seeks to penalize 
first time offenders convicted of committing light felonies with community service 
ir;l lieu of the one- to thirty-day imprisonment. 
All of the jails all over the country today are overpopulated. The Quezon 
dity jail for one has exceeded its capacity three times over. Thus inmates are 
fbrced to take turns sleeping. 
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More importantly, the congestion in the country's jails does not permit the 
luxury of segregating first time offenders or convicts of light felonies from 
hardcore habitual offenders, many of whom may be beyond reform. Rather than 
serving the ends of rehabilitation through proper direction and guidance, this 
system exposes the first time offender to influences which may lead him on to 
graver abuses and criminality. 
In requiring the convict to perform community service, he is given a 
chance to perform civic duties consistent with responsible citizenship and 
launched on the road to reform and rehabilitation. 
In view of the foregoing, early passage of this bill is earnestly requested. 
SERGIO OSMENA Ill 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
)434 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator S. R. Osmefia Ill 
AN ACT 
AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU 
OF IMPRISONMENT IN A JAIL FOR PENALTY OF ARRESTO MENOR, 
AMENDING FOR THAT PURPOSE ARTICLE 88 OF ACT 3815, THE REVISED 
PENAL CODE AS AMENDED, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. 
Article 88 of Act 3815, as amended, is hereby amended to 
read as follows: 
"ART. 88. Arrest0 Menor. - The penalty of arrest0 menor shall be 
served in the municipal or CITY jail or in the house of the defendant 
himself under the surveillance of an officer of the law, 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. 
"THE COURT MAY, IN ITS DISCRETION, REQUIRE THAT THE 
PENALTY OF ARRESTO MENOR BE SERVED BY THE DEFENDANT 
BY RENDERING COMMUNITY SERVICE UNDER SUCH TERMS AS 
THE COURT SHALL DETERMINE AND THE SURVEILLANCE BY A 
GOVERNMENT OFFICER OR OFFICIAL IN LIEU OF SERVICE IN JAIL. 
IN SO REQUIRING COMMUNITY SERVICE, THE COURT SHALL 
CONSIDER THE REASONABLE PROBABILITY THAT THE PERSON 
SENTENCED SHALL REMAIN AT LIBERTY WITHOUT VIOLATING THE 
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LAW AND THE WELFARE OF SOCIETY SHOULD THE PERSON 
SENTENCED NOT BE CONFINED IN JAIL.” 
“SHOULD THE PERSON SENTENCED VIOLATE THE TERMS 
FOR RENDERING COMMUNITY SERVICE, 
THE 
COURT SHALL 
ORDER 
HIS REARREST 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 OF SERVICE OF THE SENTENCE. 
THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN 
LIEU OF SERVICE IN JAIL SHALL BE ENJOYED ONLY ONCE.” 
SEC. 2. Effecfivify. - 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 whichever comes earlier. 
Approved, 
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