As explained on the Ambeau Law Firm site, there is a court-ordered community service or community restitution where it is a form of punishment that benefits the community that was harmed by the offender’s crime. On that site, it is also explained that a judge has the authority to be able to sentence a defendant to court-ordered community service, and often it is done to substitute full or partial reduction of fines or incarceration.
Usually, community service is ordered by judges for low-level property crimes or to first-time nonviolent offenders. However now, there are a lot of judges who order community service for felonies as well. Some common crimes that can cause community service orders are petty theft, damaged property, non-grievous assault, drunk driving, shoplifting, and small-scale benefit fraud.
What kind of community service do the offenders can do? It depends on the available jobs in the specific community at the time and also what type of work that is suitable for them. On Ambeau Law Firm, it is explained that under the Crimes (Sentencing and Procedure) Act, community service is able to entail up to 500 hours of work in the community. On that site, it is also explained that the main requirement for community service is that it needs to benefit the community.
Things That Will Happen If The Defendants Fail to Complete A Community Service Sentence
According to the Prison Professors site, here is the explanation about the things that will happen if the defendants fail to complete a community service sentence.
If the defendants fail to complete the community service hours, there are severe consequences. Here are the consequences for failure to complete community service according to the Prison Professors site.
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- Extension of probation
If there is a valid reason for not completing the hours of community service in time, a person is able to ask the court to extend the time to complete community service and usually judges are likely to give a one-time extension and may give additional community service hours. - Revocation of probation
This one is a possible consequence, particularly if the defendants put little effort in completing their community service hours without any valid reason. Judges are able to revoke probation and send the person to jail or prison. - Reinstatement of fines and court costs
Sometimes, people are offered by the sentencing judges the option of completing community service instead of paying fines or fees. In this case, a judge is able to reinstate fines and fees because of the failure in completing required community service hours. - Contempt and incarceration
Often, if people fail to comply with a community service sentence for no reason, they will result in an arrest warrant. A finding of contempt of court is able to result in jail or prison time and additional sanctions.
- Extension of probation
Some Types of Community Service Sentences
According to the Prison Professors site, here are the types of community service sentences.
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- Condition of a sentence
A defendant needs to complete a specified number of community service hours in a specified time period. - Condition of probation
It is where community service hours are a condition of probation of supervised release, and the defendant completes community service during the period of supervised release or probation. - Instead of time in prison or jail
A defendant is able to be sentenced to just community service as a standalone sentence. a defendant can be sentenced by a judge to a certain number of days in hail while giving them the option to complete community service hours instead. If the defendant fails in completing community service, it can result in the jail time initially imposed. - Alternative to paying a fine
A defendant is not able to afford court fines and fees and if it happens, some jurisdictions permit defendants to do community service as an alternative.
- Condition of a sentence
Community Services in Lieu of Imprisonment in Philippines
On the Divinalaw site, it is explained that on August 8th, 2019, President Duterte signed the Community Service Act (Republic Act No. 11362) permitting courts to impose community service as penalty for minor offenses punishable by arresto menor and arresto mayor, in lieu of imprisonment.
Cited from the Divinalaw site, according to the Revised Penal Code, the duration of the penalty of arresto mayor is imprisonment of one month and one day to six months while arresto menor has a duration of one day to thirty days’ imprisonment. There are a number of offenses that can be punished by arresto mayor and menor including malicious mischief, alarms and scandal, offending religious feelings, using false certificates, unjust vexation, slight physical injuries, and many more.
On the Divinalaw site, it is also explained that under the new law, the community service has to be rendered in the place of the commission of the crime, under such terms which the court may determine, by considering the gravity of the offense and the circumstances of the case. Same as probationers or people who are under probation, the defendant who are imposed with a penalty of community service needs to be under the supervision of a probation officer who needs to be responsible for the former.
On that site, it is also explained that the new law requires the court imposing community service as penalty to issue an Order to that effect and specify the number of hours worked and the period where the defendant needs to complete the service. Not only doing community service, the defendant also needs to undergo a rehabilitative counselling with the assistance of the Department of Social Welfare and Development.
If defendants violate the terms of community service, they need to be re-arrested by the court and the defendants have to serve the full term of the penalty, in jail, or in the house of the defendant himself, under the supervision of an officer of the law. Meanwhile, if defendants have fully complied with the terms of community service, the court needs to order his release unless he is detained because of some other offense.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
