ANGARA PUSHES FOR MORE MODERATE PENALTY
FOR MINOR OFFENDERS

Sen. Edgardo J. Angara calls for the passing of a legislation to authorize the country's Courts to require community service instead of imprisonment of minor offenders by arresto menor. The bill Angara is pushing is an amendment to the provision of Articles 27 and 88 of the Revised Penal Code, which previously mandated an imprisonment or house arrest of 1-30 days.

Angara is concerned of the welfare of children being penalized at a very young age, saying, "While we are morally obliged to impose measures to rectify our children's mistakes, we also have to keep in mind the trauma they may endure after serving time in prison. This bill seeks to address such potential long-term damages that imprisonment can create in our children."

Arresto menor is currently imposed in offenses such as vagrancy, alarms and scandals, slight physical injuries, theft of an item worth less than P5.00, certain deceits, malicious mischief of up to P200.00 or imprudence and negligence constituting light felony.

As an alternative, Angara is urging for the passing of Senate Bill 895 that would require community service instead of service in jail for offenses punishable by arresto menor as the court may determine fit. "I hope that this kind of flexibility in our sentencing procedure will decongest our local jails and prevent altogether the criminalization of the offender by his confinement in our already overcrowded jails, not to mention the detrimental effects of children's imprisonment," Angara stresses.

Under SB-895, the Court may require that the penalty of arresto menor be served by the child through community service in the place where the offense was made, as determined by the Court and to be supervised by the barangay captain or a municipal officer. In addition, the Court will consider the welfare of the society and the reasonable probability that serving child may remain free without further violating the law.

Community service under this bill consists of actual physical activity that inculcates civic and social consciousness, intended to improve a public work and promote public service. However, following another offense while in community service, the Court may order to serve the succeeding penalty in prison.

"Our children deserve the chances to learn from their mistakes in a more humane way than putting them in jail at once. This bill not only affords them moderate treatment, but also the opportunity to learn from their mistake in a non-traumatizing way."