Question & AnswerQ&A (Republic Act No. 11362)
The short title of Republic Act No. 11362 is the "Community Service Act."
The policy of the State under the Community Service Act is to promote restorative justice and decongest jails by authorizing the court to require community service in lieu of jail service for offenses punishable by arresto menor and arresto mayor.
The court may require the penalties of arresto menor and arresto mayor to be served by the defendant through community service in lieu of service in jail.
The community service shall be under the supervision of a probation officer assigned to the defendant.
The court must consider the gravity of the offense, the circumstances of the case, the welfare of society, and the reasonable probability that the person sentenced will not violate the law while rendering public service.
Defendants are required to undergo rehabilitative counseling under the social welfare and development office of the city or municipality concerned, with assistance from the Department of Social Welfare and Development (DSWD).
If the defendant violates the terms of the community service, the court shall order their re-arrest and the defendant shall serve the full term of the penalty in jail or in their house as provided under Article 88.
No, the privilege of rendering community service in lieu of service in jail may only be availed of once.
The Department of Justice (DOJ) and the Department of Social Welfare and Development (DSWD) are mandated to issue the rules and regulations to implement the provisions of this Act within 90 days from its effectivity.
The Act took effect fifteen (15) days following the completion of its publication in the Official Gazette or in newspapers of general circulation in the Philippines.
Yes, Chapter 5, Title 3, Book I of the Revised Penal Code was amended and all inconsistent laws, decrees, orders, rules, and regulations were repealed or modified accordingly.
Community service consists 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 any provision is declared unconstitutional, the remainder of the Act or any provision not affected shall remain in full force and effect.