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Metro Manila (CNN Philippines, October 7) – Those convicted of misdemeanors can apply for a community service sanction to escape from jail starting November 2.
This is in line with the Republic Law 11362 or the “Community Service Law”, signed by President Rodrigo Duterte in August 2019. In a statement on Wednesday, the Supreme Court announced the approval of the guidelines for the implementation of the law.
The rules were promulgated by the Supreme Court in an en banc session on Wednesday and will take effect next month.
Misdemeanors include those punishable by minor arrest or imprisonment for up to 30 days, or major arrest with up to six months behind bars.
Under Supreme Court guidelines, the judge must inform the offender of the option to provide community service in the area where the crime was committed. Examples include causing alarm and scandal, riots, and other disturbances of public order.
“The judge must also explain to the defendant, however, that he will not be able to request community service or parole if he decides to appeal the conviction,” the higher court said.
The request must be submitted within the appeal period and the court will resolve it within five days. In deciding on the application, the court must take into account the seriousness of the crime and the circumstances, the welfare of society, and the “reasonable probability” that no laws will be violated during the period of service.
The decision of the court that grants or denies the request will not be appealable.
The law defines community service as “any actual physical activity that inculcates civic awareness and is intended for the improvement of a public work or the promotion of a public service.”
In addition, it states that defendants who violate the terms of community service will be arrested again.
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