Article 88-A of the Revised Penal Code: Community service
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 11362 (Article added by this law.)
What does Article 88-A say?
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.
What does it mean in plain language?
Article 88-A lets a court allow a person sentenced to arresto menor or arresto mayor to serve the penalty through community service instead of jail. It is up to the court. The work is done in the place where the crime was committed, under a probation officer, for the hours and period the court sets. If the person violates the terms, he goes back to serve the full penalty. The privilege can be used only once.
Article 88-A was added to the Revised Penal Code by Republic Act No. 11362 (2019). The first paragraph reads:
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.
How does it work in real life?
Eric: sentenced to arresto menor
Eric is convicted of slight oral defamation and sentenced to arresto menor. The court, considering the circumstances, allows him to render community service in the place where the offense was committed instead of going to jail. The order sets the number of hours and the deadline, and a probation officer supervises him.
Mila: misses her hours
Mila is allowed community service in place of arresto mayor but stops reporting for work without reason. Under Article 88-A, the court shall order her re-arrest, and she serves the full term of the penalty.
Arnel: a second conviction
Arnel already served one penalty through community service. He is later convicted again of an offense punished by arresto mayor. Article 88-A says the privilege can be availed of only once.
What does this mean in practice?
- It is the court's choice. Article 88-A says the court "in the discretion may" allow it; the defendant cannot demand it.
- Arresto menor and arresto mayor only. See arresto menor and arresto mayor.
- Probation is a different remedy under a separate law. See probation in the Philippines.
- Typical offenses with these penalties include some forms of unjust vexation, slight physical injuries and slight oral defamation.
Which penalties can be served by community service?
Only two: arresto menor (1 to 30 days) and arresto mayor (1 month and 1 day to 6 months). These durations are in Article 27. Penalties such as prision correccional are not covered by Article 88-A.
What does community service involve?
| Point | What Article 88-A says |
|---|---|
| Who decides | The court, "in the discretion", considering the gravity of the offense and the circumstances of the case |
| Where | In the place where the crime was committed |
| Hours and period | Set in the court's order |
| Supervision | A probation officer |
| Counseling | Rehabilitative counseling under the city or municipal social welfare and development office, with the assistance of the DSWD |
| What counts as community service | Actual physical activity that builds civic consciousness and improves a public work or promotes a public service |
| What the court weighs | The welfare of society and the reasonable probability that the person will not violate the law while rendering a public service |
The article defines the work this way:
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.
What happens after community service?
There are two possible outcomes:
- Full compliance. The court orders the release of the defendant, unless he is detained for some other offense.
- Violation of the terms. The court orders the defendant's re-arrest. He serves the full term of the penalty in jail, or in his house as provided under Article 88.
Can community service be granted more than once?
No:
The privilege of rendering community service in lieu of service in jail shall be availed of only once.
Frequently asked questions
Can jail time be replaced by community service in the Philippines?
Yes, for arresto menor and arresto mayor. Under Article 88-A, added by Republic Act No. 11362 (2019), the court may, in its discretion, allow these penalties to be served by community service in the place where the crime was committed.
Who decides the hours of community service?
The court. Article 88-A says the court prepares an order imposing the community service, specifying the number of hours to be worked and the period within which to complete it.
Who supervises community service?
A probation officer. The defendant must also undergo rehabilitative counseling under the city or municipal social welfare and development office, with the assistance of the DSWD.
What happens if the terms of community service are violated?
The court shall order the re-arrest of the defendant, who then serves the full term of the penalty in jail, or in his or her house as provided under Article 88.
How many times can community service be granted?
Only once. Article 88-A says the privilege of rendering community service in lieu of service in jail shall be availed of only once.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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