Community service can only be availed of once

Community service can only be availed of once "My sister was previously convicted of light threats and was made to render community service in lieu of serving her sentence inside the jail. Unfortunately, my sister is now charged with the crime of alarm and scandal. Is there a chance for her to render again community service if found guilty of the crime of alarm and scandal?Kate Dear Kate,Republic Act (RA) 11362 (“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 1 Of Act No. 3815, as amended, otherwise known as ‘The Revised Penal Code’”) is the law that is applicable to your sister’s situation. Section 3 of RA 11362 provides: “SECTION 3. Community Service. — Article 88a of Act No. 3815 is hereby inserted to read as follows:“ARTICLE 88a. Community Service — The court in its discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, under such terms as the court shall determine, taking into consideration the gravity of the offense and the circumstances of the case, which shall be under the supervision of a probation officer: Provided, That the court will prepare an order imposing the community service, specifying the number of hours to be worked and the period within which to complete the service. The order is then referred to the assigned probation officer who shall have responsibility of the defendant. Xxx “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.“If the defendant violates the terms of the community service, the court shall order his/her re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail, or in the house of the defendant as provided under Article 88. However, if the defendant has fully complied with the terms of the community service, the court shall order the release of the defendant unless detained for some other offense. “The privilege of rendering community service in lieu of service in jail shall be availed of only once.” (Emphases Supplied)Clearly, the judge may require that the penalties for arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed. The above-mentioned law likewise provides that the privilege of rendering community service in lieu of service in jail shall only be availed once. Since your sister has already rendered community service when she was found guilty of the crime of light threats, she will have to serve her sentence in jail, if found guilty beyond reasonable doubt of the crime of alarm and scandal.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/