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