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Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

House Bill No._ #212

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Introduced by Representative Gloria Macapagal-Arroyo

AN ACT EXCLUDING FROM THE APPLICATION OF THE
INDETERMINATE SENTENCE LAW THOSE CONVICTED OF
CRIMINAL OFFENSES AGAINST A MINOR, AMENDING FOR THE
PURPOSE ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW,

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 4103, also known as the
Indeterminate Sentence law, in order to include 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 social and economic
phenomena to which the offense is expressed. The State is concerned not only
with the imperative necessity of protecting the social organization against
criminal acts of destructive individuals but also in redeeming the individual for
economic usefulness and other social ends (People vs. Ducosin, 59 Phil. 109
[1933]). The adoption of this theory is exemplified in the Indeterminate Sentence
Law.

However, the application of this law was 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 immediate passage of this measure is
earnestly sought.

REP. GLORI CAPAGAL-ARROYO
Second District, Pampanga


2

Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session.

House Bill No,_ 2212

Introduced by Representative Gloria Macapagal-Arroyo

AN ACT EXCLUDING FROM THE APPLICATION OF THE
INDETERMINATE SENTENCE LAW THOSE CONVICTED OF
CRIMINAL OFFENSES AGAINST A MINOR, AMENDING FOR THE
PURPOSE ACT NO. 4103, OTHERWISE KNOWN AS THE
INDETERMINATE SENTENCE LAW

Be it enacted by the Senate and House of Representatives of the Philippines 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:

“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; false imprisonment of a minor, except by a parent, which refers to the
deprivation or restraint against the will of the minor without legal justification; criminal
sexual conduct toward a minor; solicitation of a minor to engage in sexual conduct; use of
a minor in 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.2. All laws, decrees, executive orders, issuances, letters of instruction, rules
and regulations inconsistent with the provisions of this Act are hereby repealed or

modified accordingly.

SEC.3. This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in a newspaper of general circulation.

Approved,