This should have been done a long time ago. A law was finally passed in August last year, but it took another year before the guidelines were completed and released. Last Tuesday, the Supreme Court issued the guidelines for the implementation of Republic Act 13362, which allows courts to impose community service as penalty in lieu of imprisonment for minor offenses.
Known as the Community Service Act, RA 13362 allows community service as penalty for misdemeanors, or offenses warranting imprisonment of one day to six months. The Supreme Court said that with the issuance of the guidelines on Oct. 6, the law could be implemented beginning Nov. 2.
Persons who qualify for community service must be informed of this option by the courts. Those involved in the implementation are the barangay officials, the probation office of the local government unit as well as the LGU’s social welfare office. The community service will be undertaken in the area where the offense was committed.
With the law passed and the guidelines released, the next step is enforcement, which is always a major problem in this country. The law must be applied fairly, with no corruption involved to spare convicts from even carrying out community service, or to spare those convicted of serious offenses from imprisonment.
National agencies and LGUs will need to ensure that there is an effective system, including sufficient personnel, to monitor those who receive the penalty throughout the service of their sentence. Prisoners and convicts have rights, including the right to privacy, and those who are penalized with community service must be protected from harassment.
As the Supreme Court pointed out, the law promotes restorative justice and will surely decongest jails. With proper enforcement, those objectives will be achieved.