NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
s. No. 2453
23 SEP 26 P6-42
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING ACT NO. 4103, AS AMENDED, OTHERWISE KNOWN AS THE 
INDETERMINATE SENTENCE LAW, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The fundamental principle of the Indeterminate Sentence Law is to rehabilitate 
the offenders. It provides for the application of the precept, "A man cannot suffer 
more punishment than the law assigns, but he may suffer less." The State concerns 
itself not only against criminal acts but with preventing unnecessary and excessive 
deprivation of liberty and economic usefulness.
Nonetheless, the application of this law is limited to the extent that only persons 
convicted of offenses that are heinous in nature are excluded from its benefits. The 
severity and seriousness of certain crimes, including economic sabotage and offenses 
against minors, are hence justified to be included in the enumeration.
This bill seeks to amend the Indeterminate Sentence Law to exclude from the 
coverage those convicted of economic sabotage and crimes against minors such as 
kidnapping (except by a parent), criminal sexual conduct, solicitation to engage in 
sexual conduct, sexual performance, and practice of prostitution, any conduct that by 
its nature a sexual offense, production or distribution of child pornography, child 
trafficking and use of children in drug trafficking.
More so, if an individual is subject to imprisonment penalties according to 
specific laws unless there are exceptions, the court must mandate that the accused


serve a minimum sentence, which cannot be shorter than the statutory minimum for 
the offense, and a maximum sentence that does not surpass the iegal maximum.
In view of the foregoing, the approvai of this bili is earnestiy sought.
RO^NHOOD PADILLA
/ Senator


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
Senate
23 SEP 26 P6*42
SENATE
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING ACT NO. 4103, AS AMENDED, OTHERWISE KNOWN AS THE 
INDETERMINATE SENTENCE LAW, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Section 1. Section 1 of Act No. 4103, as amended, is further amended to read 
as follows:
"SECTION 1. [Hereafter, in imposing a prison sentence for on offenso 
punished by acts of the Philippine Legisloture, otherwise thon by the
Revised Penol Code, the court shall order the accused to be 
imprisoned for a minimum term, which shall not be less thon the
minimum term of imprisonment provided by law for the offense, and
for a maximum term which shall not exceed the maximum fixed by
low; and where the offense is punished by the] WHEN AN 
OFFENSE IS PUNISHABLE WITH IMPRISONMENT UNDER 
THE Revised Penal Code, or amendments thereto, the court shall 
sentence the accused to such maximum as may, in view of attending 
circumstances, be properly imposed under the present rules of the 
said Code, and to a minimum which shall not be less than the 
minimum imprisonment period of the penalty next lower to that 
prescribed by said Code for the offense. IN CASE OF 
IMPRISONMENT PENALTIES IMPOSABLE UNDER SPECIAL
1


LAWS, UNLESS OTHERWISE EXEMPTED, THE COURT SHALL 
ORDER THE ACCUSED TO BE IMPRISONED FOR A MINIMUM 
TERM, WHICH SHALL NOT BE LESS THAN THE MINIMUM 
TERM OF IMPRISONMENT PROVIDED BY LAW FOR THE 
OFFENSE, AND FOR A MAXIMUM TERM WHICH SHALL NOT 
EXCEED THE MAXIMUM FIXED BY LAW. Except as provided in 
section two hereof, any person who shali have been so convicted 
and sentenced and shall have served the minimum sentence 
imposed hereunder, may be released on parole in accordance with 
the provisions of this Act."
Sec. 2. Section 2 of the same Act, as amended, is further amended to read as
follows:
"SEC. 2. This Act shall not apply to persons convicted of offenses 
punished with death penalty [er], life imprisonment, OR 
RECLUSION PERPETUA; to those convicted of treason, conspiracy 
or proposal to commit treason; to those convicted of misprision of 
treason, sedition or espionage; to those convicted of piracy; TO 
THOSE CONVICTED OF A CRIME INVOLVING ECONOMIC 
SABOTAGE, 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 MI^R 
TO ENGAGE IN SEXUAL CONDUCT; USE OF A MINOR ^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 shall 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; nor to those already sentenced by final judgment at the 
time of approval of this Act except as provided in section five hereof."
Sec. 3. Section 5 of the same Act is hereby amended to read as follows: 
"SEC. 5. It shall be the duty of the Board of [IndetcrminotG 
SontoncG] PARDONS AND PAROLE to look into the physical, 
mental and moral record of the prisoners who shall be eligible to 
parole and to determine the proper time of release of such prisoners. 
Whenever any prisoner shall have served the minimum penalty 
Imposed on him, and it shall appear to the Board of [IndetcrminotG 
Sentence] PARDONS AND PAROLE, from the reports of the 
prisoner's work and conduct which may be received in accordance 
with the rules and regulations prescribed, and from the study and 
investigation made by the Board itself, that such prisoner is fitted by 
his training for release, that there is a reasonable probability that 
such prisoner will live and remain at liberty without violating the law, 
and that such release will not be incompatible with the welfare of 
society, and Board of [Indeterminate Sentence] PARDONS AND 
PAROLE may, in its discretion, and in accordance with the rules and 
regulations adopted hereunder, authorize the release of such 
prisoner on parole, upon such terms and conditions as are herein 
prescribed and as may be prescribed by the Board. The said Board 
of [Indeterminate Sentence] PARDONS AND PAROLE shall also 
examine the records and status of prisoners who shall have been 
convicted of any offense other than those named in section two 
hereof, and been sentenced for more than one year by final 
judgment prior to the date on which this Act shall take effect, and 
shall make recommendations in all such cases to the [Governor 
General] PRESIDENT with regard to the parole of such prisoners 
as they shall deem qualified for parole as herein provided, after they 
shall have served a period of imprisonment not less than the


minimum period for which they might have been sentenced under 
this Act for the same offense."
Sec. 4. Section 7 of the same Act is hereby amended to read as follows:
"SEC. 7. The Board shall file with the court which passed judgment 
on the case, and with the [Chief of Constabulary] PHILIPPINE 
NATIONAL POLICE, a certified copy of each order of conditional 
or final release and discharge issued in accordance with the 
provisions of the next preceding two sections."
Sec. 5. Section 8 of the same Act, as amended, is further amended to read as 
follows:
"Whenever any prisoner released on parole by virtue of this Act shall, 
during the period of surveillance, violate any of the conditions of his 
parole, the Board of [IndctcrminatG Sontonee] PARDONS AND 
PAROLE may issue an order for his re-arrest which may be served 
in any part of the Philippine Islands by any police officer. In such 
case the prisoner so re-arrested shall serve the remaining unexpIred 
portion of the maximum sentence for which he was originally 
committed to prison [, unless the Board of Indotcrminatc ScntcncG 
shall, in its discretion, grant o new parole to the sold prisonef]."
Sec. 6. If any part or provision of this Act is held invalid or unconstitutional, 
other provisions not affected thereby shall remain in force and effect.
Sec. 7. The provisions of any law, whether general or special, rules and 
regulations and other issuances or parts thereof which are inconsistent with this Act 
are hereby repealed, amended or modified accordingly.
Sec. 8. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,