A MEMBER of the House of Representatives recently asked the Senate to pass a lower chamber-approved measure adding community service as a form of penalty for minor crimes under the Revised Penal Code when session resumes in May.
In House Bill 5281, Nationalist People’s Coalition Rep. Marlyn Primicias-Agabas of Pangasinan, chairman of the House Committee on Revision of Laws, said her proposal authorizes the court to require community service in lieu of imprisonment for the penalty of arresto menor.
The bill seeks to amend Chapter 5, Title 3, Book 1 of Republic Act 3815, as amended, otherwise known as the Revised Penal Code.
Arresto nenor, under the Revised Penal Code, is the penalty of imprisonment of one day to 30 days. It is imposed on lesser crimes, such as alarm and scandal (Article 155), slight physical injuries (Article 26), theft of less than P5.00 (Article 309), deceit (Article 318), malicious mischief where the value is less than P200 and imprudence and negligence constituting light felony (Article 305).
The measure also provides that in cases of violation of the terms of the community service, the accused may be rearrested and the remaining penalty be served in jail.
Under the measure, the court may, in lieu of service in jail, moto propio, require that the penalties 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 surveilance of the barangay captain of the community or a probation officer. Further, the abovementioned defendant shall be subjected to rehabilitative counseling.
“In requiring community servixe, the court shall consider the welfare of the society and the reasonable probality that the person sentenced shall remain at liberty without violating the law,” the bill said.
The measure added that the community service shall consist of any actual physical activity, which inculcates civic consciousness and is intended toward the improvement of a public or promotion of public service.
It also said that should the person sentenced violate the terms for rendering community service, the court shall order his re-arrest 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 that the sentence has been fully served.
The bill, however, provides that the privilege of rendering community service in lieu of service in jail could only be availed of once.
The measure said the Departments of Justice and of Social Welfare and Development shall issue the implementing rules for the implementation of the provisions of thw act within 90 days from its effectivity.
“This proposed amendatory statute will greatly decongest our jails and penitentiaries, and conserve the much-needed resources that could be diverted to more practical endeavors of the government,” Primicias-Agabas said.