SC Imposes Community Service Over Jail Time

March 14, 2025 

The Supreme Court (SC) altered the penalty for an individual found guilty of slight physical injuries and unjust vexation, changing it from 30 days of imprisonment to community service. This decision applied Republic Act No. 11362, known as the Community Service Act, which aims to enhance participation in public work and encourage public service, aligning with the State’s commitment to restorative justice and reducing jail overcrowding.

In a Resolution written by Associate Justice Amy C. Lazaro-Javier, the SC’s Second Division granted the accused’s request to modify his sentence.

The accused was convicted in 2016 by the Metropolitan Trial Court (MeTC) and sentenced to 15 days in jail and PHP 5,000 in moral damages for slight physical injuries, and 15 days in jail and a PHP 200 fine for unjust vexation.

The Regional Trial Court, the Court of Appeals, and the SC upheld his conviction.

Meanwhile, the Community Service Act took effect on August 8, 2019, allowing courts to replace short-term jail sentences (ranging from 1 day to 6 months) with community service under terms determined by the court,  considering the seriousness of the crime and circumstances of the case.

Similarly, A.M. No. 20-06-14-SC, known as the Guidelines for the Community Service Act, became effective in November 2020.

The accused then filed a motion for reconsideration, asking the SC to apply this law retroactively to his sentence.

The SC ruled in his favor, stating that penal laws that benefit the accused can be applied retroactively unless the accused is a habitual offender.

Rather than serving jail time, the accused will complete community service that benefits the area where the crime was committed. Community service involves any physical activity that fosters civic awareness related to enhancing public works or encouraging public service.

The court will decide how many hours he must complete and set a timeframe for finishing it.  A probation officer will oversee the service.  If the accused completes the service, the court will release him.  If he fails to comply, he will serve his original sentence.

The SC emphasized that community service is a privilege, not a right:

“[T]he imposition of the penalty of community service is still within the discretion of the court and should not be taken as an unbridled license to commit minor offenses. It is merely a privilege since the offender cannot choose it over imprisonment as a matter of right.  Further, 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 the service.”

The SC instructed the MeTC to conduct hearings to determine the number of hours the accused must work and the timeframe in which he is to fulfill the service under the supervision of a probation officer assigned by the court. (Press release courtesy of the SC Office of the Spokesperson)

This press release is prepared for members of the media and the general public by the SC Office of the Spokesperson as a simplified summary of the SC’s Resolution. For the SC’s complete discussion of the case, please read the full text of the Resolution in G.R. No. 261807 (Peña v. People, August 14, 2024) at: https://sc.judiciary.gov.ph/261807-teddy-pena-y-romero-vs-people-of-the-philippines-2/