Policy Objective
- The State promotes restorative justice.
- Decongestion of jails is a key goal.
- Community service is a discretionary alternative to imprisonment.
Definition and Terms of Community Service
- Community service involves actual physical activities benefiting public works or services.
- The term, hours, and period of the service are set by the court.
- The court considers offense gravity and case circumstances.
- The defendant’s community service is supervised by a probation officer.
Rehabilitative Counseling Requirement
- Defendants must undergo counseling under the city or municipal social welfare office.
- The Department of Social Welfare and Development (DSWD) assists in rehabilitation.
Conditions and Welfare Consideration
- The court considers societal welfare and the likelihood of reoffending before imposing community service.
Procedure Upon Violation of Terms
- Violation results in re-arrest and serving the full penalty jail term or house arrest under Article 88.
- Compliance with terms leads to release unless detained for other offenses.
Limitation on Availing Community Service
- The community service alternative can be availed only once by the defendant.
Implementing Rules and Regulations
- DOJ and DSWD are tasked to issue implementing rules within 90 days of the Act's effectivity.
Amendments and Repealing Provisions
- Chapter 5, Title 3, Book I of the Revised Penal Code is amended accordingly.
- Inconsistent laws and regulations are repealed or modified.
Separability Clause
- If any provision is declared unconstitutional, other provisions remain effective.
Effectivity Clause
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.