Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment
On October 6, 2020, the Philippine Supreme Court issued guidelines for implementing community service as a penalty instead of imprisonment, following the enactment of Republic Act No. 11362, the Community Service Act. This law aims to promote restorative justice and alleviate overcrowding in jails by allowing courts to mandate community service for offenses punishable by "arresto menor" and "arresto mayor." The guidelines were developed by a Technical Working Group and are intended to assist magistrates in applying the law effectively. The Supreme Court retains the authority to create rules that protect constitutional rights and regulate court procedures.
October 6, 2020
EN BANC
A.M. No. 20-06-14-SC
GUIDELINES IN THE IMPOSITION OF COMMUNITY SERVICE AS PENALTY IN LIEU OF IMPRISONMENT
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedOCTOBER 6, 2020, which reads as follows:
"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 to 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-BERNABESenior Associate 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 leave)PRISCILLA J. BALTAZAR-PADILLAAssociate Justice
By authority of the Court:
(SGD.) EDGAR O. ARICHETAClerk of Court
ATTACHMENT
A.M. No. 20-06-14-SC