IMPROVING THE COMMUNITY SERVICE SYSTEM
IMPROVING THE COMMUNITY SERVICE SYSTEM
Overcrowding in our jails and prisons is an undeniable
crisis. The sheer number of inmates packed into confined spaces has reached
levels that violate basic human rights. No matter how we investigate the issue,
the reality remains: our penitentiary system is overwhelmed beyond imagination.
Authorities at the Department of Justice
(DOJ) and the Bureau of Jail Management and Penology (BJMP) have long sought
solutions, and while efforts are being made, there are two existing options
that already have a legal foundation—parole and community service. For this
column, we will focus on the community service option and its potential
benefits.
Community service as a sentencing alternative
serves a preventive function. It keeps minor offenders out of jails and
prisons, reducing congestion. While it is uncertain exactly how many
individuals could be diverted from incarceration through community service, the
numbers should be significant enough to alleviate the burden on our penal
institutions.
The Philippines already has the legal
framework for community service through Republic Act No. 11362, also known as
the Community Service Act. This law allows courts to impose community service
for minor offenses punishable by arresto menor and arresto mayor,
which include slight physical injuries, malicious mischief, and unjust
vexation. Community service must be performed in the location where the crime
was committed and is supervised by a probation officer, with the added
requirement of rehabilitative counseling from the Department of Social Welfare
and Development (DSWD).
However, could this law be expanded or better
implemented? Can it be used retroactively to release minor offenders already
serving time? If those with good behavior—especially persons with disabilities
(PWDs), super senior citizens, and those with serious illnesses—were
transitioned to community service, would it significantly ease prison
congestion?
Moreover, technology can play a crucial role
in monitoring offenders who are granted community service. Electronic
monitoring devices such as leg bands could be used to ensure compliance without
the need for physical detention. These devices have been successfully
implemented in other countries and could be piloted here.
Beyond decongesting prisons, community
service also presents economic and environmental benefits. Offenders could be
assigned to clean public spaces, rehabilitate parks, plant trees, or
participate in other civic initiatives. This would not only benefit the
community but also reduce government spending on public works. Additionally,
community service reduces the financial burden on taxpayers who fund prison
maintenance and sustenance for inmates.
Other nations have successfully implemented
similar programs. Singapore’s Community Work Program, Canada’s Restorative
Justice Program, and Germany’s Community Service Program have shown reduced
recidivism and increased rehabilitation success. Australia’s Work and
Development Orders (WDOs) allow offenders to work off fines through community
service, and New Zealand has adopted community sentences to address underlying
issues while keeping low-risk offenders out of prisons.
The Philippines has already laid the
groundwork for an effective community service system, but improvements are
necessary. The implementation of Republic Act No. 11362 must be strengthened
with a dedicated monitoring system, potentially through digital platforms like
the e-Court system or the Justice Zone Management System (JZMS). The government
should also consider expanding eligibility for community service, ensuring that
minor offenders who demonstrate good behavior can reintegrate into society
while contributing positively.
Pilot programs should be launched to assess
the effectiveness of these ideas. Starting with select jails and prisons,
authorities could test the release of qualified inmates into structured
community service programs. If proven effective, this initiative could be
expanded nationwide, significantly reducing prison congestion and promoting
rehabilitation.
The community service system has the
potential to transform our approach to justice. It upholds the principles of
rehabilitation over punishment, benefits communities, and alleviates the strain
on our penal institutions. It is time to take bold yet well-grounded steps in
improving this system and ensuring that justice is not just punitive, but also
restorative.
Ramon Ike V. Seneres,
www.facebook.com/ike.seneres
iseneres@yahoo.com, 09088877282,
senseneres.blogspot.com
03-25-2025
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