FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN1\TE 
S. No: 
~B40 
" 
' ... 
"",,0 ".~.~ '-, 
Introduced by Senator Miriam Defensor Santiago 
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 ofthe 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 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. 1 
fLaw" 
4lt:.vt~ ~N;t:;; 
• MIRIAM DEFE{JSOR SANTIA10 
tflIY 
I This bill was originally filed in the Thirteenth Congress, Third Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~T.e 
S.No. 
Hs40 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING SECTION 2 OF ACT NO. 4103 ALSO KNOWN AS 
THE INDETERMINATE SENTENCE LAW, AS AMENDED 
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, also known as the Indeterminate Sentence Law 
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is hereby amended as follows: 
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"Sec. 2. This Act shall not apply to persons convicted of offenses punished 
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with death penalty or life-imprisonment; to those convicted or treason, conspiracy 
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or proposal to commit treason; to those convicted of misprision of treason, 
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rebellion, sedition or espionage; to those convicted of piracy; TO THOSE 
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CONVICTED OF CRIMINAL OFFENSES AGAINST A MINOR, WHICH IS 
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COMPARABLE 
TO 
OR 
WHICH 
EXCEEDS 
THE 
FOLLOWING: 
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KIDNAPPING 
OF 
A MINOR, 
EXCEPT BY A PARENT; 
FALSE 
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IMPRISONMENT OF A MINOR, EXCEPT BY A PARENT; CRIMINAL 
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SEXUAL CONDUCT TOWARD A MINOR, SOLICITATION OF A MINOR 
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TO ENGAGE IN SEXUAL CONDUCT; USE OF A MINOR IN A SEXUAL 
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PERFORMANCE; 
SOLICITATION 
OF 
A 
MINOR 
TO 
PRACTICE 
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PROSTITUTION; ANY CONDUCT THAT BY ITS NATURE IS A SEXUAL 
, 
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OFFENSE AGAINST A MINOR AND PRODUCTION OR DISTRIBUTION 
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OF CHILD PORNOGRAPHY; to those who are habitual delinquents; to those 
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who have escaped from confinement or evaded sentence; to those who having 
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been granted conditional pardon by the Chief Executive shall have violated the 
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terms thereof; to those whose maximum term of imprisoument does not exceed 
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one year, not to those already sentenced by final judgment at the time of approval 
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of this Act, except as provided in Section 5 hereof. (As amended by Act No. 
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4225Y 
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SECTION 2. Separability Clause. - If any provision of this Act is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
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valid and sUbsisting. 
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SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the 
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provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
iptmtOljuly2010 . 
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