AN ACT PROHIBITING CERTAIN explosive, or poisonous substance if this was

ACTS INIMICAL TO CIVIL done in accordance with the rules and

regulations set and promulgated by the Air
AVIATION
Transportation Office on this matter.
AND FOR OTHER PURPOSES.
ANTI-HIJACKING LAW (PD 6235)
As used in this Act:

WHAT IS HIJACKING?
1) "Explosive" shall mean any substance,
ACCORDING TO OXFORD PUBLIC either solid or liquid, mixture or single
INTERNATIONAL LAW, IT GENERALLY REFERS compound, which by chemical reaction

TO THE ILLEGAL SEIZURE OF A LAND VEHICLE, liberates heat and gas at high speed and causes

SHIP, OR AIRCRAFT IN TRANSIT AND ITS tremendous pressure resulting in explosion.

FORCIBLE DIVERSION TO A NEW DESTINATION The term shall include but not limited to
dynamites, firecrackers, blasting caps, black
AGAINST THE WILL OF ITS CREW.
powders, bursters, percussions, cartridges
and other explosive materials, except bullets
The following are the punishable acts:
for firearm.

1) Usurping or seizing control of an aircraft of

2) "Flammable" is any substance or material
Philippine registry while it is in flight,
that is highly combustible and self -igniting by
compelling the pilots thereof to change the
chemical reaction and shall include but not
course or destination of the aircraft;
limited to acrolein, allene, aluminum dyethyl
monochloride and other aluminum compounds,
2) Usurping or seizing control of an aircraft of
ammonium chlorate and other ammonium
foreign registry while within Philippine
mixtures and other similar substances or
territory, compelling the pilots thereof to land
materials.
in any part of the Philippine territory;

3) "Corrosive" is any substance or material,

3) Carrying or loading on board an aircraft
either liquid, solid or gaseous, which through
operating as a public utility pa ssenger aircraft
chemical reaction wears away, impairs or
in the Philippines, any flammable, corrosive,
consumes any object. It shall include but not
explosive, substances; or poisonous
limited to alkaline battery fluid packed with
4) Loading, shipping or transporting on board
empty storage battery, allyl chlo roformate,
a cargo aircraft operating as a public utility in
allytrichlorosilane, ammonium dinitro-
the Philippines, any flammable, corrosive,
orthocresolate and other similar materials and doors are again opened for disembarkation.
substances. This means that there are passengers that
boarded. The aircraft shall be deemed to be
4) "Poisonous" is any substance or materials, already in flight even if its engine has not yet
except medicinal drug, either liquid, solid or been started.
gaseous, which through chemical reactions
kills, injuries or impairs a living organism or If the aircraft is of Philippine registry but it
person, and shall include but not limited to is not in flight and any of the four
allyl isothiocyanate, ammunition (chemical , circumstances mentioned under R.A. 6235 is
non-explosive but containing Class A, B or committed, the Anti‐Hijacking Law will not
poison), aniline oil, arsine, bromobenzyle apply and the acts will be punished
cyanide, bromoacetone and other similar accordingly under the RPC or the applicable
substances or materials. special penal laws. The correlative crime may
be one of grave coercion or grave threat. If
Aggravating circumstances to nos. 1 and 2: somebody is killed, the crime is homicide or
murder, as the case may be.
a. When the offender has fired upon the pilot,
member of the crew, or passenger of the If the aircraft is of foreign registry, it is not
aircraft; required that it is in flight before R.A. 6235
applies because aircrafts of foreign registry are
b. When the offender has exploded or considered in transit while they are in foreign
attempted to explode any bomb or explosive to countries.
destroy the aircraft;
There is no hijacking in the attempted
c. Whenever the crime is accompanied by stage. R.A. 6235 is a special law, where the
murder, homicide, serious physical injuries or attempted stage is not punishable.
rape;
Where in the course of the hijacking,
Before the Anti‐Hijacking Law or R.A. 6235 a passenger or complement was shot and
may apply, the aircraft must be of Philippine killed, the crime remains to be a violation of
registry and it must be in flight. the Anti-Hijacking law, but the penalty thereof
shall be higher because a passenger or
An aircraft is considered in flight from the complement of the aircraft had been killed. The
moment all exterior doors are closed following crime of homicide or murder per se is not
the embarkation until such time when the same punished.