Republic of the Philippines 
SENATE OF THE PHILIPPINES 
Pasay City 
SIXTEENTH CONGRESS 
First Regular Session 
S. B. No1355 
Introduced by SENATOR SONNYANGARA 
EXPLANATORY NOTE 
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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 menor shall be detained for a 
period from one (1) day to thirty (30) days, either in the municipal jailor in the house of 
the defendant under the surveillance of an officer of the law . 
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Arresto menor 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)); otherdeceits (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 menor. 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. 
Passage of this measure is earnestly sought. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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S. B. No. 1355 
Introduced by SENATOR SONNY ANGARA 
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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 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. 
Article 88 of Act No. 3815, as amended, otherwise known as the Revised 
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Penal Code, is hereby amended to read as follows: 
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"ART. 88. Arresto menor. - The penalty of arresto menorshall.be served (i) in 
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the municipal jail, (ii) in the house of the defendant himself under the surveillance 
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of an officer of the law, OR (iii) THROUGH COMMUNITY SERVICE AS 
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DESCRIBED IN THE IMMEDIATELY SUCCEEDING ARTICLE, when the court so 
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provides in its decision, taking into consideration the health of the offender and 
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other reasons which may seem satisfactory to it." 
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SECTION 2. 
Act No. 3815, as amended, is hereby further amended by inserting the 
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following provisions as Article 88-A: 
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"ART. 88-A. COMMUNITY SERVICE. -
COMMUNITY SERVICE SHALL 
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BE RENDERED IN THE PLACE WHERE THE CRIME WAS COMMITTED, 
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UNDER SUCH TERMS AS THE COURT SHALL DETERMINE AND UNDER THE 
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SURVEILLANCE OF A PROBATION OFFICER. 
FURTHER, THE PERSON 
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RENDERING COMMUNITY SERVICE SHALL UNDERGO REHABILITATIVE 
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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 REMAIN AT LIBERTY WITHOUT 
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VIOLATING THE LAW. 


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"COMMUNITY SERVICE SHALL CONSIST OF ANY ACTUAL PHYSICAL 
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ACTIVITY THAT INCULCATES CIVIC CONSCIOUSNESS AND IS TOWARDS 
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THE IMPROVEMENT OF A PUBLIC WORK OR THE PROMOTION OF A 
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PUBLIC SERVICE. 
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"SHOULD THE PERSON .SENTENCED VIOLATE THE TERMS FOR 
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RENDERING COMMUNITY SERVICE, THE COURT SHALL ORDER HIS RE-
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ARREST AND THE PENALTY SHALL BE SERVED IN JAIL. SHOULD THE 
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PERSON SENTENCED COMPLY WITH THE TERMS FOR RENDERING 
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COMMUNITY SERVICE, THE COURT SHALL RENDER AN ORDER THAT 
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SENTENCE HAS BEEN FULLY SERVED. 
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"THE PRIVILEGE OF RENDERING COMMUNITY SERVICE IN LIEU· OF 
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SERVICE IN JAIL SHALL BE AVAILED OF ONLY ONCE." 
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SEC. 2. Implementing Rules and Regulations (IRR). -
The Department of Justice and 
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the implementation of the provisions of/hi~ Act within ninety (90) days from effectivity. 
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SEC. 3. Separability Clause. 
-. If any provision or part hereof is held invalid or 
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unconstitutional, 
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the remainder of the law or the provision not otherwise affected shall remain valid and 
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subsisting. 
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SEC. 4. Repealing Clause. -
Chapter 5, Title 3, Book I of the Revised Penal Code is 
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hereby 
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amended and any law, presidential decree or issuance, executive order, letter of instruction, 
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administrative order, rule or regulation contrary to or inconsistent with the provisions of this 
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Act is hereby repealed, modified or amended accordingly. 
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SEC. 5. Effectivity Clause. 
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This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
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Approved,