SC allows community service for convict

A convicted felon for slight physical injuries and unjust vexation has been allowed by the Supreme Court (SC) to undergo community service instead of serving 30 days in jail.

However, in lieu of jail time, the convict was ordered to pay P5,200 in damages and fines.

In a resolution written by Associate Justice Amy C. Lazaro-Javier, dated 14 August 2024 and uploaded on 14 March, the SC explained that modifying the sentence to community service aligns with the government’s policy on restorative justice and the decongestion of jails.

The new ruling implements Republic Act 11362, the Community Service Act of 2019, and the High Court’s Administrative Matter No. 20-16-14, which provides the judiciary’s guidelines for the law’s implementation.

The name of the individual granted community service instead of imprisonment was redacted in the press release issued by the SC’s Office of the Spokesperson.

In 2016, the Metropolitan Trial Court (MeTC) sentenced the convict to 15 days in jail and imposed moral damages of P5,000 for slight physical injuries, and an additional 15 days in jail with a P200 fine for unjust vexation. Both the Regional Trial Court (RTC), Court of Appeals (CA), and SC upheld his conviction.

The SC clarified that the Community Service Act, which took effect on 8 August 2019, allows courts to replace short-term jail sentences (ranging from one day to six months) with community service, based on the crime’s severity and other case circumstances.

The convict filed a motion for reconsideration before the SC, requesting retroactive application of the law to his sentence. The SC ruling, which favored him, stated that penal laws benefiting the accused can be applied retroactively unless the accused is a habitual offender.

The accused will perform community service benefiting the area where the crime occurred. The court will determine the number of hours required for service and set a timeframe for its completion, with a probation officer overseeing the process.

The SC further emphasized that if the accused completes the community service, the court will release him. If he fails to comply, he will serve the original sentence. The court also underscored that community service is a privilege, not a right, and the imposition of community service remains within the court’s discretion. This should not be seen as a license to commit minor offenses.