Sen. Edgardo Angara proposed yesterday to amend the provision of Articles 27 and 88 of the Revised Penal Code which mandates imprisonment or house arrest of one to 30 days for minor offenders.
Angara said he has filed Senate Bill 895 which seeks to penalize the minor offenders with community service instead of imprisonment which only creates trauma to the young law offenders.
“While we have to rectify our children’s mistakes, we also have to keep in mind the trauma they may endure after serving time in prison. This bill seeks to address such potential long-term damages that imprisonment can create in our children,” Angara said.
Arresto menor is currently imposed in offenses such as vagrancy, alarms and scandals, slight physical injuries, theft of an item worth less than P5.00, certain deceits, malicious mischief of up to P200.00 or imprudence and negligence constituting light felony.
“I hope this flexibility in our sentencing procedure will decongest our local jails and prevent altogether the criminalization of the offender by his confinement, not to mention the detrimental psychological effects of children’s imprisonment,” he stressed.
Angara proposed for a scenario wherein the court may require the child to serve the penalty of arresto menor through community service in the place where the offense was made, to be supervised by the barangay captain or a municipal officer.
In addition, the court will consider the welfare of the society and the reasonable probability that serving child may remain free without further violating the law.
Community service under this bill consists of actual physical activity that inculcates civic and social consciousness, intended to improve a public work and promote public service.
However, following another offense while in community service, the court may order to serve the succeeding penalty in prison.
The bill has already been heard for first reading and has been referred to the committee on justice and human rights.
“Our children deserve the chances to learn from their mistakes in a more humane way than putting them in jail. This bill not only affords them moderate treatment, but also the opportunity to learn from their mistake in a non-traumatizing way,” Angara said. –Daily Tribune
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