j recoil. JF t SENTATALS:

RECEIVED
Republic of the Philippines _ ne
HOUSE OF REPRESENTATIVES DATE:

Quezon City

SEVENTEENTH CONGRES:
First Regular Session

HOUSE BILL No._ 30 a 2OX SERVICE

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AN ACT
EXCLUDING FROM THE APPLICATION OF THE INDETERMINATE SENTENCE
LAW THOSE CONVICTED OF CRIMINAL OFFENSES AGAINST A MINOR,
AMENDING FOR THE PURPOSE ACT NO. 4103 OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW

EXPLANATORY NOTE

The proposal has been filed in the previous Congresses and this
Representation deems it just that the proposal must be reconsidered in this
Congress. The bill seeks to amend Republic Act No. 4103 also known as the
Indeterminate Sentence Law. It proposes to include criminal offenses against minors
in the enumeration of certain crimes to which the provisions of the Act do not apply.

It is paramount for a society to protect those who are helpless, which in this
proposal focuses on children. Those that are subject to abuse and ill-treatment must
be protected in order to deter individuals from perpetuating abuse and take
advantage of their vulnerability

The application of this Law is mandatory except to cases expressly excluded
by the law. This proposal intends to add several instances to the list of excluded
cases in the application of the Indeterminate Sentence Law.

The nature of seriousness of the offense committed against a minor justifies it
inclusion on the enumeration in Sec. 2. of RA 4103. In this regard, the indeterminate
sentence law shall not apply to those who have been convicted of offenses against
minor, which is comparable to or analogous to any of the following: kidnapping of a
minor, except by a parent; false imprisonment of a minor or sexual conduct to the
same among others.

In view hereof, passage of the bill is earnestly sought

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No3

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
EXCLUDING FROM THE APPLICATION OF THE INDETERMINATE SENTENCE
LAW THOSE CONVICTED OF CRIMINAL OFFENSES AGAINST A MINOR,
AMENDING FOR THE PURPOSE ACT NO. 4103 OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW

Be it enacted by the Senate of the Philippines and the House of Representatives in
Congress assembled:

SECTION 1. Section 2 of Act No, 4103, as amended, otherwise known as the

Indeterminate Sentence Law’, is hereby further amended to read as follows:

“Sec. 2. This Act shall not apply to persons convicted of
offenses punished with death penalty or life imprisonment; to those
convicted of treason, conspiracy or proposal to commit 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 EXCEEDS ANY OF THE FOLLOWING:
KIDNAPPING OF A MINOR, EXCEPT BY A PARENT; FALSE
IMPRISONMENT OF A MINOR, EXCEPT BY A PARENT, WHICH
REFERS TO THE DEPRIVATION OR RESTRAINT AGAINST THE
WILL OF THE MINOR WITHOUT LEGAL JUSTIFICATION;
CRIMINAL SEXUAL CONDUCT TOWARD A MINOR;
SOLICITATION OF A MINOR TO ENGAGE IN SEXUAL CONDUCT;


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USE OF A MINOR IN SEXUAL PERFORMANCE; SOLICITATION OF
A MINOR TO PRACTICE PROSTITUTION; ANY CONDUCT THAT
BY ITS NATURE IS A SEXUAL OFFENSE AGAINST A MINOR;
PRODUCTION OR DISTRIBUTION OF CHILD PORNOGRAPHY;
CHILD TRAFFICKING; AND USING CHILDREN IN DRUG
TRAFFICKING; 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 (1) year, nor to those already
sentenced by final judgment at the time of approval of this Act, except
as provided in Section 5 hereof.”

SEC. 2. All laws, decrees, executive orders, issuances, letter

instructions, rules and regulations inconsistent with the provisions of this Act are
hereby repealed and modified accordingly

SEC.3. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,