Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1215

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING SECTION 2 OF REPUBLIC ACT NO. 4103, AS AMENDED,
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 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 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

In view of the foregoing, immediate passage of this measure is earnestly
sought.

j yA
DIOSDADO MACAPAGAL ARROYO GLO#IA MACAPAGAL ARROYO

Second District, Camarines Sur fecond District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1215

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING SECTION 2 OF REPUBLIC 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:

SECTION 1. Section 2 of Republic 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;
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; AND PRODUCTION OR DISTRIBUTION OF CHILD PORNOGRAPHY; to

1


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

SECTION 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

SECTION 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.

SECTION 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,