RA 6235: An Act Prohibiting Certain Acts Inimical to Civil Aviation, and for Other Purposes (Anti-Hijacking law)
Acts Punishable:
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 (Sec. 1);
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 (Sec. 1);
3. Carrying or loading on board an aircraft
operating as a public utility passenger aircraft
in the Philippines, any flammable, corrosive,
explosive, or poisonous substances (Sec. 3);
Shipping, loading or carrying
of any substance or material
mentioned in the preceding
section in any cargo aircraft
operating as a public utility
within the Philippines shall be
in accordance with regulations
issued by the Civil Aeronautics
Administration (Sec.4)
Penalties:
1. Violation 1 or 2:
a. by 12 years to 20 years imprisonment; or
b. by a fine of P20,000 to P40,000
2. Violation 1 or 2, qualified:
a. by 15 years of imprisonment to death; or
b. by a fine of P25,000 to P50,000
Qualifying circumstances:
1. Firing upon the pilot,
member of the crew, or
passenger;
2. Exploding or attempting
to explode any bomb or
explosive to destroy the
aircraft; and/or
3. Murder, homicide,
3. Violation 3:
a. by 5 years to 10 years imprisonment; or
b. by a fine of P10,000 to P20,000
Death, injury to persons, or
damage to property
resulting from this violation
shall hold the offender liable
in accordance with the
Questions:
Q: What are the necessary requisites before the Anti
Hijacking Law or R.A. 6235 may apply?
A: The aircraft must be of Philippine registry and it
must be in flight.
Q: When is an aircraft considered in flight?
A: 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.
Note: 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.
Q: 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, what law applies?
A: 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.
Q: If the aircraft is of foreign registry, is it required that
it is in flight before R.A. 6235 applies?
A: No, because aircrafts of foreign registry are
considered in transit while they are in foreign
countries.
Q: Is there hijacking in the attempted stage?
A: No. R.A. 6235 is a special law where the
attempted stage is not punishable.
Q: In the course of the hijacking, a passenger or
complement was shot and killed. What crime or
crimes were committed?
A: The crime remains to be a violation of the Anti
Hijacking 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.
Bar Examination Question (2013):
Compelling the pilot of an aircraft of Philippine
Registry to change its destination is ________.
(0.5%)
A. grave coercion
B. a violation of the Anti-Hijacking Law or R.A.
No. 6235
C. grave threats
D. a violation of the Human Security Act of 2007
or the Anti-Terrorism Law
E. All of the above.