Community service sought for minor offenses

MANILA, Philippines — The Senate committee on justice and human rights has recommended community service instead of jail terms for minor offenders to help decongest the country’s jails.

Sen. Richard Gordon, chairman of the committee, came up with Senate Bill 2195 – a consolidation of the measures filed by Sens. Joseph Victor Ejercito, Sonny Angara and Antonio Trillanes IV, all seeking to promote restorative justice and decongest jails.

“The community service envisioned in the measure consists of any action or physical activity, which inculcates civic consciousness intended toward the improvement of public work or promotion of public service,” Gordon said. 

The proposed “Community Service Act” seeks to authorize the court to require community service in lieu of jail sentence for offenses punishable by arresto menor and arresto mayor. 

Under the Revised Penal Code, the jail term of arresto mayor is one month and one day to six months, while arresto menor is one day to 30 days.

Gordon said the measure is timely considering the current jail congestion rate of the Philippines at 436 percent, making it the world’s second most overcrowded prison system in the world, next only to Haiti.

Haiti’s prison system is overcrowded by 454.4 percent, the senator said. 

The top five most congested prisons in the country are Region 4A at 975 percent; Region 3 (802 percent); Region 9 (789 percent), Region 7 (775 percent) and Region 1 (674 percent).

As an example, Gordon said a professional cager who commits an offense punishable by arresto mayor or arresto menor can teach basketball to the youth instead of serving jail time.

He said restorative justice, on the other hand, “brings those harmed by crime and those responsible for the harm into communication, enabling everyone to play a part in repairing the harm and finding a positive way forward.” 

“This will give them a chance to change, rehabilitate and reintegrate themselves into the community,” he said. 

The offender, he said, will also be required to undergo rehabilitative counseling by the Social Welfare and Development Officer of the city or municipality.  

 “If he violates the terms of community service, the court shall order his re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail,” he said.

The community service privilege, he said, may only be availed of once, to ensure that it will not be abused.