NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
'lQffIfr oi ■>’' <■ 
'1
72 JUL 26 A11 35
SENATE
S. No.
Ri-Ct--
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 /7<9fapply.
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 individuai 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.
Flowever, the non-application of this law is limited with the exclusion of 
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. ESCUDER


' 
Oi liic -• 
"'p
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 885
•22 JUL 26 All 35
Ri;ct.>'
------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 the House of Representatives of the 
Phiiippines 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;
3
4
5
6
7
8 
9
10
11
12
13
14
15
16 
17
"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; 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 final judgment at the time of approval of this Act, except 
as provided in Section 5 hereof."
8 
Sec. 2. Separability Clause. - If any provision of this Act is held invalid or
9 
unconstitutional, the remainder of the Act or the provision not otherwise affected
10 
shall remain valid and subsisting.
11 
Sec. 3. Repealing Clause. - Any law, presidential decree or Issuance, executive
12 
order, letter of instruction, administrative rule or regulation contrary to or
13 
inconsistent with the provisions of this Act is hereby repealed, modified or amended
14 
accordingly.
15 
Sec. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
16 
publication In the Official Gazette or at least two (2) newspapers of general
17 
circulation.
Approved,