The Supreme Court (SC) has allowed a person, who was convicted of slight physical injuries and unjust vexation and sentenced to 30 days in jail with payment of P5,200 in moral damages and fine, to undergo community service instead of imprisonment.
While he was allowed to do community service in lieu of jail term, he was still ordered by the SC to pay the P5,200 in damages and fine.
In a resolution written by Associate Justice Amy C. Lazaro-Javier, the SC said the modification of the verdict imposed by the trial courts as affirmed by the Court of Appeals (CA) and the SC was in line with the government’s policy on restorative justice and decongestion of jails.
The SC’s new ruling implements Republic Act No. 11362, the Community Service Act of 2019, and the High Court’s Administrative Matter No. 20-16-14, the judiciary’s guidelines to implement the law.
The name of the person allowed to do community work instead of imprisonment was redacted in the press briefing issued by the SC’s Office of the Spokesperson.
In 2016, the metropolitan trial court (MeTC) sentenced him to 15 days in jail and imposed moral damages of P5,000 for slight physical injuries, and 15 days in jail with P200 fine for unjust vexation.
The regional trial court (RTC), the CA and the SC upheld his conviction.
On Aug. 8, 2019, the Community Service Act took effect. It allowed the courts to replace short-term jail sentences (ranging from one day to six months) with community service under terms determined by the court, considering the seriousness of the crime and circumstances of the case.
He filed a motion for reconsideration before the SC and pleaded for a retroactive application of the law to his sentence.
Ruling in his favor, the SC said that penal laws which benefit the accused can be applied retroactively unless the accused is a habitual offender.
It said the accused will complete community service that benefits the area where the crime was committed.
It also said that the court will decide how many hours he must complete and set a timeframe for finishing it, and a probation officer will oversee the service.
The SC pointed out if the accused completes the service, the court will release him. If he fails to comply, he will serve his original sentence, it said.
It emphasized that community service is a privilege, not a right. It said: “The 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.”
The Community Service Act provides:
“The court in the discretion may, in lieu of service in jail, require that the penalties of arresto menor (jail term of one day to 30 days) and arresto mayor (one month and one day to six months) may be served by the defendant by rendering community service in the place where the crime was committed, under such terms as the court shall determine, taking into consideration the gravity of offense and the circumstances of the case, which shall be under the supervision of a probation officer.
“The court will prepare an order imposing the community service, specifying the number of hours to be worked and the period within which to complete the service. The order is then referred to the assigned probation officer who shall have responsibility of the defendant.
"The defendant shall likewise 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 (DSWD).
“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 a public service.
"Community service shall consist of any actual physical activity which inculcates civic consciousness, and is intended towards the improvement of a public work or promotion of a public service.
"If the defendant violates the terms of the community service, the court shall order his/her re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail, or in the house of the defendant as provided under Article 88.
“However, if the defendant has fully complied with the terms of the community service, the court shall order the release of the defendant unless detained for some other offenses.
"The privilege of rendering community service in lieu of service in jail shall be availed of only once."