TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
25 JUL14 A10S2
SENATE
S. No.
487
Introduced by Senator Francis G. Escudero
AN ACT
AMENDING SECTION 2 OF ACT NO. 4103, AS AMENDED, OTHERWISE 
KNOWN AS THE "INDETERMINATE SENTENCE LAW"
EXPLANATORY NOTE
This bill seeks to amend Act No. 4103, also known as the Indeterminate 
Sentence Law, in order to include the criminal offenses against minors in 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. Ducosin, 59 Phil. 109 [1933]). The adoption of this theory is 
exemplified in the Indeterminate Sentence law.
However, the application of this law is limited by excluding persons convicted 
of certain crimes or offenses due to its heinous nature, severity and gravity of the 
offense. The mere nature and seriousness of offenses (especially sexual offenses) 
against a minor justifies its inclusion in the enumeration.
In view of the foregoing, the approval of this measure is earnestly requested.
FRANCIS
UDERO


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TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
2b JIIL 14 
'-b?.
S. No.
SENATE
487
Rix:.v ./
Introduced by Senator Francis G. Escudero
AN ACT
AMENDING SECTION 2 OF ACT NO. 4103, AS AMENDED, OTHERWISE 
KNOWN AS THE "INDETERMINATE SENTENCE LAW"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem ble
Section 1. Section 2 of Act No. 4103, entitled "An Act to Provide for an 
Indeterminate Sentence and Parole for All Persons Convicted of Certain Crimes by the 
Courts of the Philippine Islands; to Create a Board of Indeterminate Sentence and to 
Provide Funds Therefor; and for Other Purposes" is hereby 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, rebeliion, 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; CRIMINAL SEXUAL CONDUCT TOWARD 
A MINOR; SOLICITATION OF A MINOR TO ENGAGE IN SEXUAL 
CONDUCT; USE OF A MINOR IN A SEXUAL PERFORMANCE; 
SOLICITATION OF A MINOR TO PRACTICE PROSTITUTION;
ANY CONDUCT THAT BY ITS NATURE IS A SEXUAL OFFENSE


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AGAINST A MINOR; PRODUCTION OR DISTRIBUTION OF
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CHILD PORNOGRAPHY; CHILD-TRAFFICKING; AND USING
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CHILDREN IN DRUG TRAFFICKING; to those who are habitual
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delinquents; to those who have escaped from confinement or evaded
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sentence; to those who having been granted conditional pardon by the
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Chief Executive shall have violated the terms thereof; to those whose
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maximum term of imprisonment does not exceed one year, not to those
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already sentenced by final judgment at the time of approval of this Act,
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except as provided in Section 5 hereof."
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Sec. 2. Repealing Clause. - All laws, presidential decrees, executive orders,
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rules, and regulations or parts thereof which are inconsistent with the provisions of
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this Act are hereby repealed or modified accordingly.
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Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or at least two (2) newspapers of general circulation.
Approved,