Amending the Indeterminate Sentence Law

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 14 AO:52 SENATE S. No. - 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 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. In view of the foregoing, the approval of this measure is earnestly requested. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 119:52 First Regular Session JUL 14 SENATE RICE.1.. S. No. - 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 House of Representatives of the Philippines in Congress assemble

Section 1. Section 2 of Act No. 4103, entitled "An Act to Provide for an

2 Indeterminate Sentence and Parole for All Persons Convicted of Certain Crimes by the 3 Courts of the Philippine Islands; to Create a Board of Indeterminate Sentence and to Provide Funds Therefor; and for Other Purposes" is hereby 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. Repealing Clause. - All laws, presidential decrees, executive orders,

rules, and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 3. Effectivity. - 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,