Practice question
A defendant has already availed of RA 11362 community service in a previous case. A later case results in another arresto menor sentence. Can he demand the same privilege again solely because the new penalty is also arresto?
- Yes, every arresto sentence creates a fresh right.
- Yes, if the second offense occurs elsewhere.
- No; the statute allows availment only once.
- Yes, if he changes residence.
- No, because arresto menor is never covered.
Legal references
- RA 11362, Section 3 inserting RPC Article 88a, community service: https://lawphil.net/statutes/repacts/ra2019/ra_11362_2019.html
- A.M. No. 20-06-14-SC, October 6, 2020, community-service guidelines: https://lawphil.net/courts/rules/pdf/am_20-06-14-sc_2020.pdf
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