Entitled: AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTIES OF ARRESTO MENOR AND ARRESTO MAYOR, AMENDING FOR THE PURPOSE CHAPTER 5, TITLE 3, BOOK I OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE [ THIRD REGULAR SESSION, 17TH CONGRESS ] [ 2019 ] 1/30/2019 Prepared and submitted by the Committee on JUSTICE AND HUMAN RIGHTS with Senator(s) ANTONIO "SONNY" F. TRILLANES, JUAN EDGARDO "SONNY" M. ANGARA, JOSEPH VICTOR G. EJERCITO and RICHARD J. GORDON as author(s) per Committee Report No. 621, recommending its approval in substitution of SBNos. 590, 1448 and 1452, taking into consideration HBN-335; 1/30/2019 Committee Report Calendared for Ordinary Business; 1/30/2019 Sponsor: Senator RICHARD J. GORDON; 1/30/2019 Transferred from the Calendar for Ordinary Business to the Calendar for Special Order; 1/30/2019 Sponsorship speech of Senator RICHARD J. GORDON; 5/27/2019 Period of interpellation closed; 5/27/2019 Period of committee amendments closed; 5/27/2019 Period of individual amendments; 5/27/2019 Period of individual amendments closed; 5/27/2019 Approved on Second Reading with Amendments; 5/28/2019 Printed copies were distributed to the Senators; 6/3/2019 Approved on Third Reading; 6/3/2019 In favor: (19) JUAN EDGARDO "SONNY" M. ANGARA, PAOLO BENIGNO "BAM" AQUINO IV, MARIA LOURDES NANCY S. BINAY, FRANKLIN M. DRILON, JOSEPH VICTOR G. EJERCITO, SHERWIN T. GATCHALIAN, GREGORIO B. HONASAN II, RISA HONTIVEROS, PANFILO M. LACSON, LOREN B. LEGARDA, FRANCIS N. PANGILINAN, AQUILINO KOKO III L. PIMENTEL, GRACE L. POE, RALPH G. RECTO, VICENTE C. SOTTO III, ANTONIO "SONNY" F. TRILLANES, JOEL VILLANUEVA, CYNTHIA A. VILLAR and JUAN MIGUEL F. ZUBIRI; 6/3/2019 Against: (None) ; 6/3/2019 Abstention: (None) ; 6/4/2019 House of Representatives adopted SBN-2195 as an amendment to HBN-335 on June 3, 2019; 6/25/2019 Letter from Senate Secretary Atty. Myra Marie D. Villarica, dated June 24, 2019, transmitting nine (9) enrolled copies of SBN-2195 which was adopted as an amendment to HBN-335, for the signature of Speaker Gloria Macapagal-Arroyo and Acting Secretary General of the House of Representatives, Mr. Dante Roberto P. Maling; 6/30/2019 Letter for Senate Secretary Atty. Myra Marie D. Villarica, dated July 2, 2019, returning eight (8) enrolled copies of the consolidated SBN-2195 and HBN-335, which were signed by Speaker Gloria Macapagal-Arroyo and Acting Secretary General of the House of Representatives, Mr. Dante P. Maling; (Communication received by the Senate on July 3, 2019) 6/30/2019 Enrolled copies of SBN-2195 which was adopted as an amendment to HBN-335, sent to the Office of the President of the Philippines through PLLO for the signature and approval of His Excellency, President Rodrigo Roa Duterte on July 9, 2019; 6/30/2019 Approved and signed into law, in consolidation with HBN-335, by the President of the Philippines, His Excellency, President Rodrigo Roa Duterte on August 8, 2019 and became (Communication received by the LBIS on August 14, 2019) 6/30/2019 REPUBLIC ACT NO. 11362. (See: O.B. dated August 19, 2019, 18th Congress) (Pursuant to Rule V, Sec. 7, paragraph (g) of the Rules of the Senate, Committee Report No. 621, with pertinent documents transmitted to the Archives for safekeeping and preservation on February 15, 2021) (The legislative history/plenary deliberations is prepared by the INDEXING, MONITORING AND LIS SECTION, LEGISLATIVE BILLS AND INDEX SERVICE; The data entry on committee meetings is prepared by the Committee Affairs Bureau)
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115 OG No. 37, 10254 (September 16, 2019)
[ REPUBLIC ACT NO. 11362, August 08, 2019 ]
AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTIES OF ARRESTO MENOR AND ARRESTO MAYOR, AMENDING FOR THE PURPOSE CHAPTER 5, TITLE 3, BOOK 1 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "Community Service Act."
SEC. 2. Policy. - It is the policy of the State to promote restorative justice and decongest jails by authorizing the court in its discretion to require community service in lieu of service in jail for offenses punishable by arresto menor and arresto mayor.
SEC. 3. Community Service. - Article 88a of the Act No. 3815 is hereby inserted to read as follows:
"ART. 88a. Community Service. - The court in the discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor 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: Provided, That 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."
SEC. 4. Implementing Rules and Regulations. - The Department of Justice (DOJ) and the DSWD shall issue the rules and regulations to implement the provisions of this Act within ninety (90) days from the effectivity of this Act.
SEC. 5. Repealing Clause. - Chapter 5, Title 3, Book I of the Revised Penal Code is hereby amended and all laws, decrees, orders, rules and regulations, or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 6. Separability Clause. - If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days following the completion of its publication either in the Official Gazette or in a newspapers of general circulation in the Philippines.
(SGD.) GLORIA MACAPAGAL-ARROYO
(SGD.) VICENTE C. SOTTO III
This Act was passed by the Senate of the Philippines as Senate Bill No. 2195 on June 3, 2019 and adopted by the House of Representatives as an amendment to House Bill No. 335 on June 3, 2019.
(SGD.) DANTE ROBERTO P. MALING
(SGD.) MYRA MARIE D. VILLARICA
Approved: AUG 08 2019
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
Source: Supreme Court E-Library
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