RA 6235, also known as the Anti-Hijacking Law, prohibits acts that compromise civil aviation security such as seizing control of an aircraft while in flight or compelling pilots to change course. It establishes punishments for hijacking Philippine or foreign aircraft, as well as loading dangerous substances onboard. Violations involve imprisonment from 12-20 years or fines from PHP 20,000-40,000, and can be higher if aggravating circumstances like firing upon the crew or detonating explosives are involved. The law aims to prevent hijacking and protect passengers and aircraft.
RA 6235, also known as the Anti-Hijacking Law, prohibits acts that compromise civil aviation security such as seizing control of an aircraft while in flight or compelling pilots to change course. It establishes punishments for hijacking Philippine or foreign aircraft, as well as loading dangerous substances onboard. Violations involve imprisonment from 12-20 years or fines from PHP 20,000-40,000, and can be higher if aggravating circumstances like firing upon the crew or detonating explosives are involved. The law aims to prevent hijacking and protect passengers and aircraft.
RA 6235, also known as the Anti-Hijacking Law, prohibits acts that compromise civil aviation security such as seizing control of an aircraft while in flight or compelling pilots to change course. It establishes punishments for hijacking Philippine or foreign aircraft, as well as loading dangerous substances onboard. Violations involve imprisonment from 12-20 years or fines from PHP 20,000-40,000, and can be higher if aggravating circumstances like firing upon the crew or detonating explosives are involved. The law aims to prevent hijacking and protect passengers and aircraft.
RA 6235, also known as the Anti-Hijacking Law, prohibits acts that compromise civil aviation security such as seizing control of an aircraft while in flight or compelling pilots to change course. It establishes punishments for hijacking Philippine or foreign aircraft, as well as loading dangerous substances onboard. Violations involve imprisonment from 12-20 years or fines from PHP 20,000-40,000, and can be higher if aggravating circumstances like firing upon the crew or detonating explosives are involved. The law aims to prevent hijacking and protect passengers and aircraft.
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RA 6235 ANTI-
HIJACKING LAW 2 N D B AT TA L I O N WHAT IS RA 6235?
On June 19, 1971, the Philippine Congress enacted RA
6235 known as the anti-hijacking law. An act that prohibits certain acts inimical to civil aviation, making it unlawful for any person to compel a change in the course of an aircraft of the Philippine registry or seize, or usurp the control thereof while it is in flight. THE FOLLOWING ARE THE PUNISHABLE ACTS Usurping or seizing control of PUNISHABLE ACTS
an aircraft of the Philippine Section 1
registry while it is in flight,
compelling the pilots thereof to change the course or destination of the aircraft. Usurping or seizing control PUNISHABLE ACTS
of an aircraft of foreign Section 1
registry while within
Philippine territory, compelling the pilots thereof to land in any part of the Philippine territory. Carrying or loading on board an PUNISHABLE ACTS
aircraft operating as a public Section 3
utility passenger aircraft in the
Philippines, any flammable, corrosive, explosive, substances; or poisonous. Loading, shipping, or transporting PUNISHABLE ACTS on board a cargo aircraft operating Section 4
as a public utility in the Philippines,
any flammable, corrosive, explosive, or poisonous substance if this was done in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. AGGRAVATING CIRCUMSTANCES
Aggravating circumstances to nos. 1 and 2:
A. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft; B. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; C. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;
Before the Anti‐Hijacking Law or R.A. 6235 may apply, the aircraft must be of Philippine registry and it must be in flight. WHEN IS THE AIRCRAFT CONSIDERED ”IN FLIGHT”? An aircraft is considered in flight from the moment all exterior doors are closed following the embarkation until such time when the same doors are again opened for disembarkation. (Sec. 1). This means that there are passengers that boarded. The aircraft shall be deemed to be already in flight even if its engine has not yet been started. WHAT IF THE AIRCRAFT IS NOT “IN FLIGHT”? IF THE AIRCRAFT IS OF PHILIPPINE REGISTRY BUT IT IS NOT IN FLIGHT AND ANY OF THE FOUR CIRCUMSTANCES MENTIONED UNDER R.A. 6235 IS COMMITTED, THE ANTI‐HIJACKING LAW WILL NOT APPLY AND THE ACTS WILL BE PUNISHED ACCORDINGLY UNDER THE RPC OR THE APPLICABLE SPECIAL PENAL LAWS. THE CORRELATIVE CRIME MAY BE ONE OF GRAVE COERCION OR GRAVE THREAT. IF SOMEBODY IS KILLED, THE CRIME IS HOMICIDE OR MURDER, AS THE CASE MAY BE. FOREIGN REGISTRY
If the aircraft is of foreign registry, it is not required that it
is in flight before R.A. 6235 applies because aircrafts of foreign registry are considered in transit while they are in foreign countries. THERE IS NO HIJACKING IN THE ATTEMPTED STAGE. R.A. 6235 IS A SPECIAL LAW, WHERE THE ATTEMPTED STAGE IS NOT PUNISHABLE. SITUATION
What if in the course of the hijacking, a passenger or
complement was shot and killed?
The crime remains to be a violation of the Antihijacking law, but the penalty thereof shall be higher because a passenger or complement of the aircraft had been killed. The crime of homicide or murder per se is not punished. PUNISHMENTS 1. 12 to 20 years imprisonment or (the text doesn't say "and") a fine of F O R V I O L AT I O N S Php20,000 to 40,000 OF 1 AND 2
2. 15 years to life imprisonment or (same as above) a fine of Php25,000
to 50,000 if any of the qualifying circumstances are present:
a.) If he fired on the pilot/s, crew and passengers;
b.) If he blew up, or tried to blow up, an explosive to try to destroy the aircraft (assuming the aircraft survived, of course) c.) If murder, homicide, rape or serious physical injuries were committed • For violation 3-4, the penalty is 5 to 10 years imprisonment or a fine of Php10,000 to 20,000.
• Deaths due to violation 3 are also
punishable with the pertinent liabilities in the Revised Penal Code. Aircraft companies are authorized to open and inspect suspicious-looking packages in the presence SECTION 9 of their owner (or his representative.) If the owner or his representative refuses, he will be denied boarding/loading. The tickets are consequently required to carry the following statement: "Holder thereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials and substances. Holder refusing to be searched shall not be allowed to board the aircraft." END OF PRESENTAION
BOOK TWO - Crimes and Penalties TITLE ONE - Crimes Against National Security and The Law of The Nations CHAPTER ONE - Crimes Against National Security SECTION 1 - Treason and Espionage
BOOK TWO - Crimes and Penalties TITLE ONE - Crimes Against National Security and The Law of The Nations CHAPTER ONE - Crimes Against National Security SECTION 1 - Treason and Espionage
