Republic of the Philippines
HOUSE OF REPRESENTATIVI
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL NO.- 4

Introduced by REP. EVELINA G.

EXPLANATORY NOTE

This bill seeks to amend Act No. 4103, also known as the Indeterminate Sentence
Law, by including, 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.

EVELINA G. ESCUDERO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16 CONGRESS
First Regular Session

HOUSE BILL NO.7 |?

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
AMENDING SECTION 2 OF ACT NO. 4103, AS AMENDED, OTHERWISE
KNOWN AS THE INDETERMINATE SENTENCE LAW

Be if enacted by the Senate and the 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; 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.”

SEC. 2. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the remainder of the Act or the provision not otherwise affected

shall remain valid and subsisting.

SEC. 3. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative rule or regulation contrary to or inconsistent

with the provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general

circulation.

Approved,