THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
1 
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Introduced by Senator Miriatr. Defensor Santiago 
EXPLANATORY iiOTE 
This bill seeks to amend Act No. 4103, also knolnin as the Indeteminate Sentence Law, in 
order to include the criminal offenses against minors Iin the enumeration of certain crimes to 
which the provisions of the Act do not apply. 
According to the Supreme Court, the positivist theory of criminal law states that the basis 
for criminal liability is the sum total of the social and economic phenomena to which the offense 
is expressed. The State is concerned not only in the imperative necessity of protecting the social 
organization against the criminal acts of destructive individuals but also in redeeming the 
individual for economic usefulness and other social. ends (People v. Ducositi, 59 Phil. 109 
[1933]). The adoption of this theory is exemplified in the Indetemiinate Sentence law. 
However, the application of this law was limited by excluding persons convicted of 
certain crimes or offenses due to its heinous nature, severity and gravity of the offeiise. The 
mere nature and seriousness of offenses (especially sexual offenses) against a minor justifies its 
inclusion in the enumeration. 


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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defen;or Santiago 
AN ACT 
AMENDING SECTION 2 OF ACT NO. 4103 ALSO KNOWN AS 
THE INDETEPJMINATE SENTENCE LAW, AS AMENDED 
Be it enacted by the Senate and the House of Representutives of the Phil@pines i n  
Congress ussernbled: 
SECTION 1. Section 2 of Act No. 4103, also known as the Indeterminate Sentence Law 
is hereby amended as follows: 
Sec. 2. This Act shall not apply to persons convicted of offeiises punished with death 
penalty or life-imprisonment; to those convicted of treason, conspiracy or proposal to coininit 
treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those 
convicted of piracy; TO THOSE CONVICTED OF CRIMINAL OFFENSES AGAINST A 
MINOR, WHICH IS COMPARABLE TO OR WHICH EXCEEDS THE FOLLOWING: 
KIDNAPPING OF A MINOR, EXCEPT BY A PARENT; FALSE IMPRISONMENT OF A 
MINOR, EXCEPT BY A PARENT; CRIMINAL SEXUAL CONDUCT TOWARD A MINOR; 
SOLICITATION OF A MINOR TO ENGAGE IN SEXUAL CONDUCT; USE OF A MINOR 
N A SEXUAL PERFORMANCE; SOLICITATION OF A MINOR TO PRACTICE 
PROSTITUTION; ANY CONDUCT THAT BY ITS NATURE IS A SEXUAL OFFENSE 
AGAINST 
A 
MINOR; 
AND 
PRODUCTION 
OR 
DISTRIBUTION 
OF 
CHILD 
PORNOGRAPHY; to those who are habitual delinquents; to those who have escaped from 
confinement or evaded sentence; to those who having been granted conditional pardon by the 
Chief Executive shall have violated the terms thereof; to those whose maximum term of 
imprisonment does not exceed one year, not to those already sentenced by final judgment at the 
time of approval of this Act, except as provided in Section 5 hereof. (As aniended by Act NO. 
4225.) 


SECTION 2. Separability C(!uuse. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise ai"fected shall remain 
valid and subsisting. 
SECTION 3. Repealing C h  use. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the 
provisions of this Act is hereby rei Jealed, modified or amended accordingly. 
SECTION 4. Eflectivity 'Clause. - This Act shall take effect fifteen (15) days aRer its 
publication in at least two (2) newpapers of geiieral circulation. 
Approved, 
FLDP/16/5/07