Press Release
May 30, 2017

OPENING STATEMENT
Senator Richard J. Gordon
Committee on Justice and Human Rights

Community Service in lieu of Arresto Menor and Arresto Mayor

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Members of the Committee on Justice and Human Rights, honored guests, ladies and gentlemen, good morning.

This Committee has convened again today to deliberate on the bills proposing to provide community service in lieu of the penalties of arresto menor and arresto mayor, as provided for in Act No. 3815 or the Revised Penal Code.

During the first hearing which was conducted on 17 May 2017, this Committee has gathered data from the Bureau of Jail Management and Penology (BJMP) that as of 30 April 2017, the total number of jail population is already numbered at 142, 170 and having a CONGESTION RATE OF 566%.

As we all know, prisons are found all over the world. In the Philippines, there are currently seven Bureau of Corrections facilities which are found in Muntinlupa, Mandaluyong, Palawan, Davao del Norte, Zamboanga, Occidental Mindoro, and Southern Leyte. Not to mention the various municipal, city, and district jails all throughout the Philippines. However, according to studies, the use of imprisonment is rising and there is little evidence that its increasing number and use is improving public safety and welfare.

The reality is, by using prison as an answer to all offences committed by individuals, not only is the issue of safety in the community not addressed in any sustainable manner, but also the cycle of impoverishment, loss of jobs, weakening of employment chances, damage to relationships, worsening of psychological and mental illnesses and continued or increased drug use is perpetuated.

Consequently, many health risks are also associated with the issue of overcrowded prisons. These include the spread of infectious diseases, such as tuberculosis and Human Immunodeficiency Virus or HIV. Moreover, in many countries violence is a common element of prison life, especially where there is overcrowding.

Therefore, in line with restorative justice, these bills propose to introduce the alternative of community service wherein socially valuable work is performed as part of the criminal sentence. Moreover, 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 such as sweeping the streets, helping construct roadworks and establishments, and making plate numbers, among others.

These bills aim to rehabilitate the offenders, especially first time and minor offenders, to give them another chance in life and to assist them in rehabilitation programs such as school discipline and counselling. More importantly, imprisonment has been shown to be counterproductive in the rehabilitation and reintegration of those charged with minor crimes, as well as those for certain vulnerable populations in order to protect and respect their inherent dignity as human beings. Implementing effective alternatives to imprisonment will reduce overcrowding and make it easier to manage prisons in a way that will allow our country to meet its basic obligations to the prisoners under their care.

In line with this, there are three (3) Senate bills that were filed and are under consideration by this Committee regarding the matter:

 I.      SBN 1452 (SEN. GORDON)

         Title: AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY   SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTIES OF ARRESTO MENOR AND ARRESTO MAYOR, AMENDING FOR THE PURPOSE CHAPTER 5, TITLE 3, BOOK I OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

II.    SBN 1148 (SEN. ANGARA)

Title: AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF DETENTION FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR THE PURPOSE CHAPTER FIVE, TITLE THREE, BOOK ONE OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

III.   SBN 590 (SEN. TRILLANES)

AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR THE PURPOSE CHAPTER FIVE, TITLE THREE, BOOK ONE OF ACT NO. 3815. AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

However, we also take into consideration HBN 335 which is entitled, "AN ACT AUTHORIZING THE COURT TO REQUIRE COMMUNITY SERVICE IN LIEU OF IMPRISONMENT FOR THE PENALTY OF ARRESTO MENOR, AMENDING FOR THE PURPOSE CHAPTER FIVE, TITLE THREE, BOOK ONE OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE" (REPRESENTATIVES PRIMICIAS-AGABAS, PADUANO, ROCAMORA AND GARCIA (G.) which already passed Third Reading in the House of Representatives.

Therefore, we again invited today guests and resource persons from the government and agencies, members of the academe, and other experts in the field to further provide this Committee with informed opinion on this matter that could lead to better legislation in order to improve the lives of our countrymen. Thank you.

Alternative to Imprisonment, Criminal Justice Handbook Series, pp. 3
Custodial and Non-Custodial Measures, Alternatives to Incarceration, United Nations (2006), pp. 1

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