Community Service for Minor Offenses Shall Take Effect On November 2, 2020

On August 08, 2019, President Rodrigo Roa Duterte signed into law Republic Act No. 11362 or the "Community Service Act" in lieu of the imprisonment for penalties of arresto menor and arresto mayor.

But it was only on Tuesday, October 6, 2020, that the Supreme Court approved the guidelines in the imposition of community service as a penalty, which promotes restorative justice and jail decongestion.  These guidelines are contained in A.M. No. 20-06-14-SC which was promulgated by the SC En Banc, which would take effect on November 2, 2020 after the required publication.

So, by November 2, 2020, this community service for minor offenses shall take effect.

What are these minor offenses?  

These are the offenses having an imposable penalty of arresto menor and arresto mayor.

Arresto menor involves an imprisonment of one (1) day to thirty (30) days while the arresto mayor is an imprisonment of thirty (30) days and one (1) day to six (60) months.

What would constitute community service?

As defined, community service shall consist of any actual physical activity which inculcates civic consciousness, and is intended towards the improvement of a public work or promotion of a public service.

How to avail this community service?

Under A.M. No. 20-06-14-SC, all judges concerned, after promulgation of judgment or order where the imposable penalty for the crime or offense is arresto menor or arresto mayor, shall be duty-bound to inform the accused in open court that he or she has an option to, among others, apply that the penalty be served by rendering community service in the place where the crime was committed.  The judge should also explain to the accused, however, that the same will be barred to apply for community service or probation should he or she choose to appeal the conviction.

Application for community service must be filed within the period to perfect an appeal and that the said application shall be resolved within five says from filing thereof.  The court should set a hearing to render or promulgate the ruling for this purpose.

Upon receipt of the application for community service, the court shall immediately notify the 1) barangay chairperson or authorized representative of the barangay where the crime was committed; 2) representative from the provincial or city's Probation Office; and 3) local government unit's Social Welfare Development Officer.  The court may resort to electronic service of the notices to the said officers.

The court shall resolve the application for community service immediately after the hearing thereon.  an order granting or denying the same shall not be appealable.  Failure of the accused to appear at the said hearing, except for justified reasons, shall be a ground to deny the application and a warrant of arrest shall be issued against the accused.

What are the considerations in imposing community service?

The SC held that these should be taken into consideration in allowing community service - gravity of offense, circumstances of the case, welfare of the society, and reasonable probability that the accused shall not violate the law while rendering the service.

How many times could the accused avail of the community service?

The privilege of rendering community service in lieu of service in jail shall be availed of only once.

When to apply this community service?

Application for community service must be filed within the period to perfect an appeal and that the said application shall be resolved within five says from filing thereof.  The court should set a hearing to render or promulgate the ruling for this purpose.

Could the accused still apply for a community service should he/she choose to appeal the conviction?

The accused will be barred to apply for community service or probation should he or she choose to appeal the conviction.