SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
Se.l'!Il1r 
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JUL -8 P 1 :1 0 
S. RNo. 587 
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Introduced by Senator FRANCIS G. ESCUDERO, . 
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 ill 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 (Peopfe 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. 
FRANCIS G. ESCUDERO 
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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
,iCltl1h> 
<Jill!,;. ,,! tIl' :!>"rd"f~ 
'13 JilL -8 P 1 :1 0 
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, Introduced by Senator FRANCIS G. ESCUDERO " 
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ANACT 
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AMENDING SECTION 20F ACT NO. 4103, AS AMENDED, OTHERWISE 
KNOWN AS THE INDETERMINATE SENTENCE LAW 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: . 
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SECTION 1. Section 2 of Act No, 4103, as amended, otherwise known as the 
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Indeterminate Sentence Law, is hereby further amended to read as follows; 
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"Sec. 2. This Act shall not apply to persons convicted of offenses 
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punished with death penalty or life-imprisonment; to those convicted of 
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treason, conspiracy or proposal to commit treason; to those convicted of 
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misprision of treason, rebellion, sedition or espionage; to those convicted 
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of piracy; 
TO. THOSE CONVICTED OF CRIMINAL OFFENSES 
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AGAINST A MINOR, WHICI! IS. COMPARABLE TO OIt 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 
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 year, not to those already sentenced by 
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final judgment at the time of approval of this Act, except as provided.in 
Section 5 hereof." 
SEC 2. Separability Clause. - 1£ any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected 
shall remain valid and subsisting. 
SEC 3. Repealing Clause. - 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 repealed, modified or amended accordingly. 
SEC 4. Effectivity Clause. - This Act shall take effect fifteen (15) days af~er its 
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publication in the Official Gazette ot at least two (2) newspapers of general 
circulation. 
Approved, 
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