G.R. No. 230299 - Penalosa vs. Ocampo, Jr.

Petitioner Teddy PeAa y Romero was charged and convicted for two offenses: slight physical injuries and unjust vexation under the Revised Penal Code.
The trial court meted a penalty of 15 days of arresto menor and monetary damages/fines for each offense: PHP 5,000.00 moral damages for slight physical injuries and PHP 200.00 fine for unjust vexation.
The decision was affirmed by the Court through a Resolution dated February 8, 2023.

PeAa filed a Motion for Reconsideration seeking modification of his penalty from imprisonment to community service.
The motion was granted by the Supreme Court.

Republic Act No. 11362 or the Community Service Act allows courts discretion to require penalties of arresto menor and arresto mayor to be served by the defendant through community service instead of imprisonment.
The Act enumerates the nature of community service (public work or public service) and conditions, including supervision by probation officers and penalties for non-compliance.
The Act took effect on August 8, 2019, which is after the promulgation of the trial court decision in 2016.

The Guidelines for the Community Service Act under A.M. No. 20-06-14-SC took effect November 2, 2020.
The Guidelines direct courts to inform accused persons of options, including rendering community service in lieu of imprisonment, within 15 calendar days from promulgation of judgment.
The petitioner was unable to avail these options previously, thus he can validly apply before the Supreme Court.

The Court recognized that penal laws which are favorable to the accused are given retroactive effect under Article 22 of the Revised Penal Code.
The Community Service Act benefits, being more favorable to PeAa, can be availed despite enactment after the trial court ruling.
The Court emphasized that community service as penalty is a privilege, not a right, and must consider public welfare and likelihood of compliance.
The Court ordered the conversion of imprisonment penalties to community service under supervision.
The monetary awards were affirmed with interest.

Whether the penalty of imprisonment imposed on petitioner can be modified to community service under Republic Act No. 11362 despite the penalty being imposed before the law’s effectivity.
Whether the Court has the discretion to grant community service as a penalty in lieu of imprisonment.