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The document discusses Philippine Law RA 6235, also known as the Anti-Hijacking Law. It defines hijacking and outlines 3 ways the crime of hijacking can be committed: 1) changing the course of a Philippine aircraft in flight, 2) compelling a foreign aircraft to land in the Philippines, or 3) loading dangerous substances onto passenger or cargo aircraft. It details the penalties for violations, including longer prison sentences and higher fines if aggravating circumstances are present like firing upon the pilot or passengers. The law aims to prevent hijacking and protect aircraft and passengers.
The document discusses Philippine Law RA 6235, also known as the Anti-Hijacking Law. It defines hijacking and outlines 3 ways the crime of hijacking can be committed: 1) changing the course of a Philippine aircraft in flight, 2) compelling a foreign aircraft to land in the Philippines, or 3) loading dangerous substances onto passenger or cargo aircraft. It details the penalties for violations, including longer prison sentences and higher fines if aggravating circumstances are present like firing upon the pilot or passengers. The law aims to prevent hijacking and protect aircraft and passengers.
The document discusses Philippine Law RA 6235, also known as the Anti-Hijacking Law. It defines hijacking and outlines 3 ways the crime of hijacking can be committed: 1) changing the course of a Philippine aircraft in flight, 2) compelling a foreign aircraft to land in the Philippines, or 3) loading dangerous substances onto passenger or cargo aircraft. It details the penalties for violations, including longer prison sentences and higher fines if aggravating circumstances are present like firing upon the pilot or passengers. The law aims to prevent hijacking and protect aircraft and passengers.
Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Law Student... That's right, Law Student. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood byeverybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice foreverybody!
RA 6235: The Anti-Hijacking Law
Monday, July 9, 2012 in Criminal, Law
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Hijacking isn't necessarily connected to terrorism. But if it
is, another law applies: RA 9372, the Human Security Act. We are living in the post-9/11 era; I therefore believe that this law has become more important than ever. The crime of hijacking can be committed by any person (including an artificial one) in 3 ways: 1.) Changing the course or destination of a Philippine aircraft while in flight or to take control of the aircraft while it is in flight. An aircraft is considered "in flight" when its doors are closed after all passengers have boarded and ends when the doors are opened for disembarking. 2.) Compelling a foreign aircraft to land in the Philippines or seizing control of it while it's in Philippine territory. 3.) Loading, shipping or carrying explosive, flammable, corrosive or poisonous substances in a passenger aircraft within the Philippines. Loading such substances oncargo aircraft must follow the rules and regulations of the Civil Aeronautics Board. For violations 1 and 2, the penalties are: 1.) 12 to 20 years imprisonment or (the text doesn't say "and") a fine of Php20,000 to 40,000 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, the penalty is 5 to 10 years imprisonment or a fine of Php10,000 to 20,000. If the crime was committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty will be imposed on its resident agent, manager, representative or director responsible for the violation and its license to do business in the Philippines will be revoked. Violations of CAB rules are punishable by the minimum penalty in violation 3. 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 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."
ANTI-HIJACKING LAW (PD 6235)
The following are the punishable acts: 1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the aircraft;
2. Usurping or seizing control of an aircraft of foreign
registry while within Philippine territory, compelling the pilots thereof to land in any part of the Philippine territory;
3. Carrying or loading on board an aircraft operating as
a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, substances; or poisonous
4. Loading, shipping or transporting on board a cargo
aircraft operating 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 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 AntiHijacking Law or R.A. 6235 may apply,
the aircraft must be of Philippine registry and it must be 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.
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 AntiHijacking 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.
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.
Where 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.