~1i'mlh' 
SIXTEENTH CONGRESS OF THE 
) 
(@!I!;t t,r t(/,: ~;??(y.rbr~ 
REPUBLIC OF THE PHILIPPINES ) 
First Regular 
) 
'13 
JUL JO P 2 :')8 
SENATE 
'!Wi: ~ , 
--u-
~ 
S.No. 1165 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Jail congestion is one of the biggest problems of the Bureau of Jail Management and Penology 
(BJMP). This can be illustrated by our city our city jails. Caloocan City Jail, for instance, is 
congested by 1124 percent; the detention center has an ideal capacity of 136 inmates, yet the 
BJMP managed to fit in 1,665 people in it. According to BJMP website, 20,497 inmates are 
detained in the National Capital Region alone in a facility meant for 5,926 people. Particularly, 
Metro Manila jails are congested by almost 1000 percent. The nationwide congestion rate falls 
for an average of four to five inmates per s~uare meter. The figures were based on the ideal ratio 
ofthree square meters for everyone inmate . 
According to the Revised Penal Code, the duration of the penalty of arresto menor shall be from 
one day to thirty days. It further indicates that: 
"Art. 88. Arresto menor. -
The penalty of arresto menor shall be served in the municipal 
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. " 
Under several Articles of the same Code, arresto menor is imposed in crimes which include, 
amomg others: 
• 
Art. 175 - using false certificates 
• 
Art. 202 - vagrancy 
• 
Art. 313 - altering boundaries or landmarks 
• 
Art. 364 - intriguing against honor 
• 
Art. 365 - imprudence and negligence constituting light felony 
This bile is put forward in the hope that flexibility in our sentencing procedure will decongest 
our local jails and prevent altogether the criminalization of the offender by his confinement in 
our overcrowded jails. This bill specifically authorizes the court to require community service in 
lieu of service injail for offenses punishable by arresto menor as the court may determine fit. 
In view ofthe foregoing, approval of this bill is earnestly sought. 
NN " 
Senator 
1 Information retrieved from ht\\l:llwww.catanduanestribune.comlarticle/2A5A on 25 June 2013. 
2 This bill was filed in the IS' Congress by Representatives Angara, Rodriguez (R.), De Jesus, Paez, Aggabao, 
Ortega (F.), Gullas, Ong And Primicias-Agabas, Per Committee Report No. 294 
1 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'13 
JUL 30 r 2 :Cj8 
SENATE 
S.No. 1165 
REct . 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF 
IMPRISONMENT FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR 
THE PURPOSE CHAPTER FIVE, TITLE THREE, BOOI( ONE 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: 
1 
SECTION 1. Chapter 5, Title 3, Book I of Act No. 3815, as amended, otherwise known 
2 
as the Revised Penal Code, is hereby further amended to include an additional article to read as 
3 
follows: 
4 
"ART. 88-A. COMMUNITY SERVICE. - THE COURT MAY, IN LIEU 
5 
OF SERVICE IN JAIL, MOTU PROPRIO, REQUIRE THAT THE PENALTIES 
6 
OF ARRESTO MENOR BE SERVED BY THE DEFENDANT BY 
7 
RENDERING COMMUNITY SERVICE IN THE PLACE WHERE THE 
8 
CRIME WAS COMMITTED, UNDER SUCH TERMS AS THE COURT 
9 
SHALL DETERMINE AND UNDER THE SURVEILLANCE OF THE 
10 
BARANGAY CAPTAIN OF THE COMMUNITY OR A PROBATION 
11 
OFFICER. FURTHER, THE ABOVEMENTIONED DEFENDANT SHALL BE 
12 
SUBJECTED TO REHABILITATIVE COUNSELING. 
13 
"IN REQUIRING COMMUNITY SERVICE, THE COURT SHALL 
14 
CONSIDER THE WELFARE OF THE SOCIETY AND THE REASONABLE 
1 


1 
PROBABILITY THAT THE PERSON SENTENCED SHALL REMAIN AT 
2 
LIBERTY WITHOUT VIOLATING THE LAW. 
3 
"COMMUNITY SERVICE SHALL CONSIST OF ANY ACTUAL 
4 
PHYSICAL ACTIVITY WHICH INCULCATES CIVIC CONSCIOUSNESS, 
5 
AND IS INTENDED TOWARDS THE IMPROVEMENT OF A PUBLIC 
6 
WORK. OR PROMOTION OF A PUBLIC SERVICE. 
7 
"SHOULD THE PERSON SENTENCED VIOLATE THE TERMS FOR 
8 
RENDERING COMMUNITY SERVICE, THE COURT SHALL ORDER HIS 
9 
RE-ARREST AND THE PENALTY SHALL BE SERVED IN JAIL. SHOULD 
10 
THE 
PERSON 
SENTENCED 
COMPLY 
WITH 
THE 
TERMS 
FOR 
11 
RENDERING COMMUNITY SERVICE, THE COURT SHALL RENDER AN 
12 
ORDER THAT SENTENCE HAS BEEN FULLY SERVED. 
13 
"THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN 
14 
LIEU OF SERVICE IN JAIL SHALL BE AVAILED OF ONLY ONCE." 
15 
16 
SEC. 2. Implementing Rules and Regulations (IRR). - The Department of Justice and 
17 
the Department of Soci!ll Welfare and Development shall issue the rules and regulations for the 
18 
implementation of the provisions ofthis Act within ninety (90) days from its effectivity. 
19 
20 
SEC. 3. Separability Clause. 
- If any provision or part hereof is held invalid or 
21 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
22 
valid and subsisting. 
23 
24 
SEC. 4. Repealing Clause. - Chapter 5, Title 3, Book I of the Revised Penal Code is 
25 
hereby amended and any law, presidential decree or issuance, executive order, letter of 
26 
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions 
27 
of this Act is hereby repealed, modified or amended accordingly. 
2 


1 
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its pUblication in 
2 
any two (2) newspapers of general circulation. 
Approved, 
3