Laws & Jurisprudence
ANTI-HIJACKING LAW (PD 6235)
7:05 PM
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 Anti‐Hijacking 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 Anti‐Hijacking 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.
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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