MANILA, Philippines — The Supreme Court (SC) has ruled that an individual convicted of slight physical injuries and unjust vexation will serve community service instead of a 30-day jail sentence, applying the provisions of Republic Act No. 11362 or the Community Service Act.

In a Resolution penned by Associate Justice Amy C. Lazaro-Javier, the SC’s Second Division granted the accused’s motion to modify his sentence.

“The imposition of the penalty of community service is still within the discretion of the court and should not be taken as an unbridled license to commit minor offenses,” the SC stated. 

“It is merely a privilege since the offender cannot choose it over imprisonment as a matter of right,” it said.

The accused was convicted in 2016 by the Metropolitan Trial Court (MeTC) and sentenced to 15 days in jail with P5,000 in moral damages for slight physical injuries and another 15 days with a P200 fine for unjust vexation. His conviction was upheld by the Regional Trial Court, the Court of Appeals, and the SC.

However, after the Community Service Act took effect in 2019, the accused sought a modification of his sentence, requesting that the law be applied retroactively in his favor. The law allows courts to replace jail terms of one day to six months with community service, depending on the severity of the offense and the circumstances of the case.

“The court shall consider the welfare of society and the reasonable probability that the person sentenced shall not violate the law while rendering the service,” the SC explained.

With this ruling, the accused will complete community service in the locality where the crime was committed instead of serving time in jail. A probation officer will oversee the service, and the court will determine the number of hours and the timeframe for completion.

Failure to comply with the service conditions will result in the accused serving his original jail sentence, it said.

The SC has directed the MeTC to hold hearings to finalize the specific terms of the community service.