RA NO. 6235
Anti-Hijacking Law
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.
IN FLIGHT – From the moment all exterior doors are closed following embarkation until the same
doors are again opened for disembarkation.
NOTES:
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 (Par 1 & 2):
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.
NOTES:
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.
Four situations governed by anti hi- jacking law:
(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 Philippine territory;
(3)carrying or loading on board an aircraft operating as a public utility
passenger aircraft in the Philippines, any flammable, corrosive, explosive,
or poisonous substance; and
(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 not in accordance with the rules and
regulations set and promulgated by the Air Transportation Office on this matter.
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.
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.
IN FLIGHT – From the moment all exterior doors are closed following embarkation until the same
doors are again opened for disembarkation.
NOTES:
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 (Par 1 & 2):
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.
NOTES:
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.
Four situations governed by anti hi- jacking law:
(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 Philippine territory;
(3)carrying or loading on board an aircraft operating as a public utility
passenger aircraft in the Philippines, any flammable, corrosive, explosive,
or poisonous substance; and
(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 not in accordance with the rules and
regulations set and promulgated by the Air Transportation Office on this matter.
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.
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