Community service for light felony offenders
September 1, 2006 | 12:00am
Congress should pass a law that grants trial courts the discretion to impose community service in lieu of fines or imprisonment on those guilty of cases involving light felonies, according to Councilor Hilario Davide III.
In his proposed resolution that was approved by the City Council, Davide, a lawyer by profession, said the purpose of punishment under the criminal justice system is to reform the offender.
Davide, however, cited that because of the presence of mitigating circumstances in other cases, a fine or imprisonment becomes the imposable penalty at the discretion of the court.
However, he explained that if the accused is ordered to pay a fine and fails to settle it, he is sentenced to suffer a subsidiary imprisonment.
"Fine, as a penalty, is not effective as far as reforming the offender is concerned; more often than not, a moneyed offender will just willingly pay the fine and forget he ever committed a crime. A fine of P1,000 or even P10,000 will not hurt his pocket. On the other hand, an indigent offender need not to pay the fine and can afford to welcome the subsidiary imprisonment with free board and lodging in jail," Davide said.
Davide said this alternative penalty will inculcate in the mind of the offender a deeper sense of responsibility for his offense; deter him from committing similar offenses; develop and promote his civic consciousness; decongest the city jails; and spare the government from further expenses for his detention and save him from exposure to dangerous elements in prison. - Garry B. Lao/LPM
In his proposed resolution that was approved by the City Council, Davide, a lawyer by profession, said the purpose of punishment under the criminal justice system is to reform the offender.
Davide, however, cited that because of the presence of mitigating circumstances in other cases, a fine or imprisonment becomes the imposable penalty at the discretion of the court.
However, he explained that if the accused is ordered to pay a fine and fails to settle it, he is sentenced to suffer a subsidiary imprisonment.
"Fine, as a penalty, is not effective as far as reforming the offender is concerned; more often than not, a moneyed offender will just willingly pay the fine and forget he ever committed a crime. A fine of P1,000 or even P10,000 will not hurt his pocket. On the other hand, an indigent offender need not to pay the fine and can afford to welcome the subsidiary imprisonment with free board and lodging in jail," Davide said.
Davide said this alternative penalty will inculcate in the mind of the offender a deeper sense of responsibility for his offense; deter him from committing similar offenses; develop and promote his civic consciousness; decongest the city jails; and spare the government from further expenses for his detention and save him from exposure to dangerous elements in prison. - Garry B. Lao/LPM
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