Anti-Hijacking Law

R.A. No. 6235

Acts Punishable:

1. By compelling a change in the course or destination of an aircraft of

Philippine registry, or seizing or usurping the control thereof while it is
in flight;

2. By compelling an aircraft of foreign registry to land in Philippine

territory or seizing or usurping the control thereof while it is in the said
territory; and

3. By shipping, loading, or carrying in any passenger aircraft operating as

a public utility w/in the Philippines, any explosive, flammable,
corrosive or poisonous substance or material.

Nota Bene:

*IN FLIGHT – From the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.

*Where the aircraft is of Philippine registry, the offense must be committed

while in flight. Hence, the act must take place after all exterior doors are
closed following embarkation.

*Where the aircraft is of foreign registry, offense need not take place while
in flight.

QUALIFYING CIRCUMSTANCES:

1. Firing upon the pilot, member of the crew or passenger of the aircraft;
2. Exploding or attempting to explode any bomb or explosive to destroy
the aircraft; or
3. The crime is accompanied by murder, homicide, serious physical
injuries, or rape.
Nota Bene:

*For “firing upon” to qualify the offense, offender must have actually fired
weapon. Mere attempt is not enough.

*For “firing upon” to qualify the offense, offender need not succeed in
hitting pilot, crew member or passenger.

*Anti hi-jacking is another kind of piracy which is committed in an aircraft.

In other countries, this crime is known as aircraft piracy.

*If hijacking under R.A. No. 6235 is committed to sow and create a
condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to unlawfuldemand,
the crime committed is terrorism under R.A. No. 9372 (Human Security Act
of 2007)

Penalties:

A. For violations 1 and 2, the penalties are:

1. 12 to 20 years imprisonment or 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
B. 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.

Nota Bene: The important thing is that before the anti hi-jacking law can
apply, the aircraft must be in flight. If not in flight, whatever crimes
committed shall be governed by the Revised Penal Code.

Jurisprudence