Community service, no jail time ANTEROOM
We all know that when a crime is committed, there is a corresponding penal sanction — incarceration. This means spending time behind bars. The period depends on the gravity of the offense. The graver, the longer the jail time. Thus, what is usually inculcated in us is, crime automatically results in doing time. But is that an absolute rule? No. You have probation. A person, convicted of a crime, may not do jail time if he applies for and is granted probation. Also, in violation of Batas Pambansa 22 (Bouncing Checks Law), the courts, in their discretion, may impose a fine only instead of incarceration. But I am not here to dwell on probation or BP 22. Rather, I wish to discuss a new law which may not require serving time upon conviction.
Take note that the Community Service Law does not mandatorily entitle the person convicted of a crime to render community service in lieu of the jail time.
While community service for him may be nothing but a going-through-the-motion activity which he just wants over and done with; his counselling makes him more conscious about his rehabilitation.
Let me introduce to you Republic Act 11362, known as the Community Service Act. This was approved as recently as 8 August 2019. Under this law, “(t)he 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 (Section 3, RA 11362).”
You may be wondering what arresto menor and arresto mayor mean? To help you understand this easily, arresto menor means up to 30 days imprisonment. Arresto mayor on the other hand is imprisonment from 31 days to six months. And for further elucidation, let me cite examples of crimes with such penalties. Oral defamation or slander is punishable by arresto menor. If serious and insulting as determined by the court, arresto mayor is imposed. The offense of alarms and scandals, like when an intoxicated person causes disturbance in public, is punishable by arresto menor. The issuance of a false medical certificate by a physician is a felony punishable by arresto mayor.
Take note that the Community Service Law does not mandatorily entitle the person convicted of a crime to render community service in lieu of the jail time. This still depends on the findings of the court, after weighing all circumstances of the case. Now if granted, in addition to the community service, “[t]he defendant shall likewise be required to undergo rehabilitative counselling under the social welfare and development officer of the city or municipality concerned with the assistance of the Department of Social Welfare and Development (Ibid.).” Here you see further efforts of the State in making the defendant a better member of society. This makes him even more grounded on reality in fact. While community service for him may be nothing but a going-through-the-motion activity which he just wants over and done with; his counselling makes him more conscious about his rehabilitation. Thus, the betterment of his being.
Now if he violates the terms of his community service, what happens? Under the same law, the accused will then be committed and required to serve the full term of his penalty. What if a person has been convicted for several crimes which are all eligible for the availment of the Community Service Act? Can he just render community time for all? No. This privilege can only be granted once. As for the rest, he must serve them behind bars.
Also, do bear in mind that while the defendant is accorded the leniency of the law, it does not mean that his conviction is to be taken lightly. Note that he has to live with a criminal record the rest of his life.