Restorative justice and jail decongestion

The overcrowded situation in jail facilities in the Philippines has been a significant and persistent challenge, severely hindering the effectiveness of the country’s justice system. As a result, prisons are stretched beyond capacity, which compromises the health, safety and rehabilitation of inmates.

In response to this challenge, the Community Service Act (Republic Act 11362) was enacted to help promote restorative justice and decongest jails. Under the Community Service Act, the court may, at its discretion, require community service in lieu of jail time for offenses punishable by arresto menor and arresto mayor. The privilege of rendering community service in lieu of imprisonment may be availed of only once.

Instead of imprisonment for either one day to 30 days (arresto menor) or one month and one day to six months (arresto mayor), the defendant may instead be required to render community service in the place where the crime was committed, under the supervision of a probation officer and other terms determined by the court. In making its determination, the court shall consider the gravity of the offense and the circumstances of the case. The court order imposing community service shall specify the number of hours to be worked and the period within which to complete the same.

Community service shall consist of any actual physical activity that inculcates civic consciousness and is intended toward the improvement of a public work or the promotion of a public service. In addition to community service, the defendant shall also be required to undergo rehabilitative counseling under the social welfare and development office of the city or municipality concerned, with the assistance of the Department of Social Welfare and Development.

If the defendant fails to comply with the terms of the community service, the court shall issue an order for their re-arrest, and the defendant shall be required to serve the full term of the penalty, either in jail or (for arresto menor) in the house of the defendant under the surveillance of an officer when the court so provides. Conversely, if the defendant fully completes their community service, the court shall order their release, unless detained for other offenses.

The Supreme Court has provided the necessary guidelines on the application of the Community Service Act with existing remedies of the accused in its Administrative Matter 20-06-14-SC.

In the recent case of Teddy Peña vs. People of the Philippines (G.R. 261807, 14 August 2024), the Supreme Court granted the petitioner’s request to modify his penalty of arresto menor imprisonment to community service. The Court retroactively applied the Community Service Act, which took effect on 8 August 2019, or almost three years after the petitioner was convicted by the trial court. In doing so, the Court applied the basic principle that, while laws are generally prospective in application, penal laws favorable to the person guilty of the felony who is not a habitual criminal are given retroactive effect pursuant to Article 22 of the Revised Penal Code. Evidently, rendering community service is more favorable to the petitioner than imprisonment.

As a final note, the Supreme Court emphasized that the imposition of community service in lieu of imprisonment is discretionary to the court and should not be taken as an unbridled license to commit minor offenses. The offender cannot, in any case, choose community service over imprisonment as a matter of right. As the State continues to prioritize rehabilitation over punitive measures, this shift reflects a progressive approach to justice — one that focuses on reintegration and community well-being. With the enactment of the Community Service Act, it is expected that the State’s policy to promote restorative justice and to decongest jails will be achieved.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.