REPUBLIC ACT NO. 11362
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"
SECTION 1. Short Title. — This Act shall be known as the "Community Service Act."
SECTION 2. Policy. — It is the policy of the State to promote restorative justice and decongest jails by authorizing the court in its discretion to require community service in lieu of service in jail for offenses punishable by arresto menor and arresto mayor.
SECTION 3. Community Service. — Article 88a of Act No. 3815 is hereby inserted to read as follows:
"ART. 88a. Community Service. — The court in its discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, under such terms as...
Summary of Republic Act No. 11362 (Community Service Act)
Policy and Purpose (Section 2):
- Promote restorative justice and decongest jails by authorizing courts to require community service instead of jail time for offenses punishable by arresto menor and arresto mayor.
Community Service Provision (Section 3):
- Courts have discretion to require community service instead of jail time for arresto menor and arresto mayor penalties.
- Community service to be rendered in the place where the crime was committed, under terms determined by the court considering the offense's gravity and circumstances.
- Court will issue an order specifying the number of hours and period to complete the service, supervised by a probation officer.
- Defendant must undergo rehabilitative counseling by the social welfare officer, assisted by the DSWD.
- Court shall consider society's welfare and reasonable probability that the defendant won't violate the law while rendering service.
- Community service consists of physical activities that promote civic consciousness and improve public works or services.
- If the defendant violates the terms, the court shall order re-arrest and serve the full jail term or house arrest (Article 88).
- If the defendant fully complies, the court shall order release unless detained for another offense.
- The privilege of community service instead of jail can only be availed once (Section 3).
Implementing Rules and Regulations (Section 4):
- The Department of Justice (DOJ) and DSWD shall issue rules and regulations to implement the Act within 90 days from its effectivity.
Repealing Clause (Section 5):
- Chapter 5, Title 3, Book I of the Revised Penal Code is amended, and all inconsistent laws, decrees, orders, rules, and regulations are repealed or modified accordingly.
Separability Clause (Section 6):
- If any portion of the Act is declared unconstitutional, the remaining provisions shall remain in force and effect.
Effectivity (Section 7):
- The Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation in the Philippines.
