Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment

October 6, 2020

A.M. No. 20-06-14-SC

GUIDELINES IN THE IMPOSITION OF COMMUNITY SERVICE AS PENALTY IN LIEU OF IMPRISONMENT

WHEREAS, the Congress passed Republic Act No. 11362 or the Community Service Act which was signed into law by the President on August 8, 2019;

WHEREAS, Republic Act No. 11362 promotes restorative justice and jail decongestion 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;

WHEREAS, there is a need to adopt the necessary guidelines to instruct magistrates on how apply the provisions of Republic Act No. 11362 together with existing remedies of the accused;

WHEREAS, pursuant to the provisions of Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court has the power to adopt and promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged;

WHEREAS, the Supreme Court issued Memorandum Order No. 56-2020 dated September 7, 2020 creating a Technical Working Group composed of Chief Justice Diosdado M. Peralta as Chairperson, Supreme Court Associate Justice Alexander G. Gesmundo as the Working Chairperson, Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Raul B. Villanueva, Presiding Judge Lorna Francisca C. Chua-Cheng (Regional Trial Court, Br. 168, Marikina City), Presiding Judge Myra B. Quiambao (Regional Trial Court, Br. 203, Muntinlupa City), Presiding Judge Anne Perpetual S. Rivera-Sia (Metropolitan Trial Court, Br. 12, Manila) and Presiding Judge Kirk M. Aniñon (Metropolitan Trial Court, Br. 44, Pasay City) as members and Atty. Khiel L. Crisostomo (Office of Chief Justice Diosdado M. Peralta) and Atty. Rigor R. Pascual (Office of Associate Justice Alexander G. Gesmundo) as members of the Secretariat; and

WHEREAS, the Technical Working Group has submitted to the Supreme Court En Banc its proposed guidelines to implement Republic Act No. 11362 for consideration and approval.

NOW THEREFORE, the Supreme Court En Banc hereby adopts and promulgate the Guidelines in the Imposition of Community Service as a Penalty in lieu of Imprisonment.

(SGD.) DIOSDADO M. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

On leavePRISCILLA J. BALTAZAR-PADILLAAssociate Justice

ATTACHMENTS

Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment

Section 3 of Republic Act No. 11362 which amended Article 88 of Act No. 3815 or the Revised Penal Code reads:

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 the court shall determine, taking into consideration the gravity of the offense and the circumstances of the case, which shall be under the supervision of a probation officer: Provided, That the court will prepare an order imposing the community service, specifying the number of hours to be worked and the period within which to complete the service. The order is then referred to the assigned probation officer who shall have responsibility of the defendant.

The defendant shall likewise be required to undergo rehabilitative counseling under the social welfare and development officer of the city or municipality concerned with the assistance of the Department of Social Welfare and Development (DSWD). In requiring community service, the court shall consider the welfare of the society and the reasonable probability that the person sentenced shall not violate the law while rendering the service.

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.

If the defendant violates the terms of the community service, the court shall order his/her re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail, or in the house of the defendant as provided under Article 88. However, if the defendant has fully complied with the terms of the community service, the court shall order the release of the defendant unless detained for some other offense.

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

Thus, all judges concerned shall observe these guidelines in allowing rendition of community service in lieu of imprisonment in the service of penalty for arresto menor or arresto mayor:

1. After promulgation of judgment or order where the imposable penalty for the crime or offense committed by the accused is arresto menor or arresto mayor, it shall be the court's duty to inform the accused of and announce in open court his/her options within fifteen (15) calendar days from date of promulgation, to wit: (1) file an appeal; (2) apply for probation as provided by law; or (3) apply that the penalty be served by rendering community service in the place where the crime was committed. It shall further be explained to the accused that if he/she chooses to appeal the conviction, such resort thereto bars any application for community service or probation.

2. In the event accused opts to apply for community service, the application must be filed within the period to perfect an appeal. Likewise, said application shall be resolved within five (5) calendar days from the filing thereof. For this purpose, the court should set a hearing to render or promulgate the ruling on the said application within the said period.

3. If the accused was required to post bail, pending resolution of the application for community service he/she may also move that he/she be allowed on temporary liberty under the same bond he/she posted or be granted recognizance as provided for under Section 15, Rule 114 of the Revised Rules on Criminal Procedure.

4. Upon receipt of the application for community service, the court shall immediately notify the following officers: (a) the barangay chairperson or his/her authorized representative of the barangay where the crime was committed; (b) a representative from the provincial or city's Probation Office; and, (c) the local government unit's Social Welfare Development Officer (SWDO).

The court may resort to electronic service of the notices to the above officers.

5. The notice shall direct the barangay chairperson or his/her authorized representative to submit a proposed community service program for accused on or before the scheduled hearing on the application. The SWDO shall also be directed to recommend a rehabilitative counseling program and schedule for the accused that shall be incorporated in the barangay's proposal. The following programs of the Parole and Probation Office in relation to community service may also be considered:

a. Mentoring and Intergenerational Service;

b. Economic Development;

c. Citizenship and Civic participation-experiential activities which involve solving community problems; and

d. Involvement in Crime Prevention projects.

6. In assessing the recommendations of the barangay chairperson or his/her authorized representative and SWDO, the court shall take into account that the type of program for community service shall (i) consist of actual physical activity which inculcates civic consciousness; (ii) intended towards the improvement of a public work; or, (iii) promotion of public service.

7. In exercising the discretion to allow service of penalty through community service, the following factors may be taken into consideration by the court:

a. The gravity of the offense;

b. The circumstances of the case;

c. The welfare of the society; and

d. The reasonable probability that the accused shall not violate the law while rendering the service.

In no case shall the benefit of the Community Service Law be given to the accused more than once. Also, the period for the community service to be rendered should not be more than the maximum sentence imposed by law, but not less than one-third (1/3) thereof.

If the accused has undergone preventive imprisonment, the period shall be deducted from the term of community service.

8. The court shall resolve the application for community service immediately after the hearing thereon. An order granting or denying the application 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.

9. In the event the court needs time to resolve the application, the court shall set the order for promulgation within twenty four (24) hours from the hearing thereof and require the presence of accused and his/her counsel, including the representatives from the concerned barangay, city or municipal Probation Office and SWDO.

10. The community service order shall provide for the following:

a. The details of the community service program;

b. The specific number of hours to be accomplished and period within which to complete the service;

c. The referral of accused to the probation office having jurisdiction over the place where the crime was committed for supervision;

d. A statement requiring the concerned probation officer to provide a final report on the accused's compliance with the program within five (5) calendar days from expiration of the period and recommendation for discharge if applicable;

e. A statement requiring the SWDO to submit a report within five (5) calendar days after completion of rehabilitative counseling; and

f. The imposition of additional conditions as may be warranted by the circumstances of the case.

The community service order shall take effect upon its issuance in open court, at which time, the court shall inform the accused of the consequences thereof and explain that failure to comply with the terms or commission of another offense, he/she shall be re-arrested to serve the full term of the penalty.

11. After the period of community service and upon consideration of the report and recommendation of the probation officer and SWDO, the court may order the final discharge of accused upon finding that he/she has fulfilled the terms and conditions of his community service and thereupon, the case is deemed terminated. The accused, probation officer and SWDO shall each be furnished with a copy of such order.

12. If the accused is sentenced with a penalty higher than arresto menor or arresto mayor, and on appeal the penalty was lowered to arresto menor or arresto mayor, which became final and executory, the accused may, upon written application with the court of origin, seek community service in lieu of imprisonment, which may be acted upon subject to the provisions of these guidelines.

With respect hereto, in no case shall community service be allowed if the defendant is a habitual delinquent.

13. In the event the court denies the application for community service, and the period to appeal has not yet lapsed, the accused may still choose to appeal the said judgment or apply for probation.

14. An accused who has applied and was granted probation in a previous case is not disqualified to apply for community service in a subsequent case.

These guidelines shall take effect on November 2, 2020, after publication in two (2) newspapers of general circulation.

Manila, October 6, 2020.

FORM 1

Promulgation Order

FORM 2

Application for Community Service

FORM 3

Notice

FORM 4

Order Setting Application for Hearing and Submission of Reports

FORM 5

Barangay Checklist

FORM 6

Community Service Order

Published in the Philippine Daily Inquirer on October 18, 2020.