Dear Atty. Angela,

I was convicted in 2016 for slight physical injuries by the Metropolitan Trial Court and sentenced to 15 days in jail and P5,000 in moral damages. The Regional Trial Court, the Court of Appeals, and the Supreme Court all upheld this ruling. The Community Service Act took effect in 2019, allowing courts to replace short-term jail sentences (ranging from 1 day to 6 months) with community service, upon the discretion of the court. Can this same privilege be extended to me even when my offense was way back in 2016?

Rio

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Dear Rio,

Yes, the Community Service Act allows an accused who had already been convicted of slight physical injuries or unjust vexation to complete community service in lieu of jail time. Also, this is applicable to your case considering that penal laws that benefit the accused can be applied retroactively unless the accused is a habitual offender.

Republic Act No. 11362, known as the Community Service Act, aims to enhance participation in public work and encourage public service, aligning with the State’s commitment to restorative justice and reducing jail overcrowding.

In the case of Peña v. People, G.R. No. 261807, (2024), the Supreme Court allowed the petition of an accused wherein rather than serving jail time, he will complete community service that benefits the area where the crime was committed. The court will decide how many hours he must complete and set a timeframe for finishing it. A probation officer will oversee the service. If the accused completes the service, the court will release him. If he fails to comply, he will serve his original sentence.

However, it was clarified that community service is a privilege, not a right.

“[T]he imposition of the penalty of community service is still within the discretion of the court and should not be taken as an unbridled license to commit minor offenses. It is merely a privilege since the offender cannot choose it over imprisonment as a matter of right. Further, 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.”

Atty. Angela Antonio