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Question

Criminal

Chona Mae was caught taking a pair of rubber boots, an iron pot, and a frying pan. She was then charged for Simple Theft under Art. 308 of the RPC. The Municipal Trial Court (MTC) sentenced her to a penalty of 2 months imprisonment (Arresto Mayor). Following her conviction, Chona filed a motion requesting the court to permit her to serve the sentence by cleaning the public market and assisting the LGU’s health center instead of being incarcerated under RA 11362 (Community Service Act), arguing that her offense was minor, the property stolen were of negligible value, and that jail time would disrupt her ability to provide food for her family.

Rule on Chona’s motion to render community service instead of jail time. (Bar 2026 Syllabus)

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