• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 2370 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
'-;; \: '\ 
\, 
·c::':;'S"Jl\HV 
:,0 
liU510 P6 :10 
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. 
FRANCIS G. ESCUDERO 


• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.No.2R70 
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 the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Section 2 of Act No. 4103, as amended, otherwise known as 
2 
the Indeterminate Sentence Law, is hereby further amended to read as follows: 
3 
4 
Sec. 2. This Act shall not apply to persons convicted of offenses punished 
5 
with death penalty or life-imprisonment; to those convicted of treason, 
6 
conspiracy or proposal to commit treason; to those convicted of misprision of 
7 
treason, rebellion, sedition or espionage; to those convicted of piracy; TO THOSE 
8 
CONVICTED OF CRIMINAL OFFENSES AGAINST A MINOR, WHICH IS 
9 
COMPARABLE TO OR EXCEEDS ANY OF THE FOLLOWING: KIDNAPPING 
10 
OF A MINOR, EXCEPT BY A PARENT; FALSE IMPRISONMENT OF A MINOR, 
11 
EXCEPT BY A PARENT; CRIMINAL SEXUAL CONDUCT TOWARD A 
12 
MINOR; SOLICITATION OF A MINOR TO ENGAGE IN SEXUAL CONDUCT; 
13 
USE OF A MINOR IN A SEXUAL PERFORMANCE; SOLICITATION OF A 
14 
MINOR TO PRACTICE PROSTITUTION; ANY CONDUCT THAT BY ITS 
15 
NATURE IS A SEXUAL OFFE~SE AGAINST A MINOR; AND PRODUCTION 
16 
OR DISTRIBUTION OF CHILD PORNOGRAPHY; to those who are habitual 
17 
delinquents; to those who have escaped from confinement or evaded sentence; to 
18 
those who having been granted conditional pardon by the Chief Executive shall 
19 
have violated the terms thereof; to those whose maximum term of imprisonment 
20 
does not exceed one year, not to those already sentenced by final judgment at the 
2 I 
time of approval of this Act, except as provided in Section 5 hereof. 
22 
23 
SEC. 2. Separability Clause. - If any provision of this Act is held invalid or 
24 
unconstitutional, the remainder of the Act or the provision not otherwise affected 
25 
shall remain valid and subsisting. 
26 
27 
SEC. 3. Repealing Clause. - Any law, presidential decree or issuance, 
28 
executive order, letter of instruction, administrative rule or regulation contrary to 
29 
or inconsistent with the provisions of this Act is hereby repealed, modified or 
30 
amended accordingly. 
31 
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
32 
its publication in the Official Gazette or at least two (2) newspapers of general 
33 
circulation. 
34 
35 
36 
Approved, 
2