Anti-Hijacking Law

RA No. 6235
Prepared by: Pros. Hyacinth T. Jadraque
1. Compelling the pilot of an aircraft of
Philippine registry to change course or
destination or otherwise usurping or
seizing control while it is in flight.
◦ The aircraft is “in flight” when all the external
doors thereof are closed following embarkation
until opened for disembarkation (although) it
has not moved away).

Prepared by: Pros. Jadraque

What are the acts punished under

the Anti-Hijacking Law?
2. Compelling an aircraft of foreign
registry to land in any part of the
Philippine territory or usurping or seizing
control of such, while it is within Philippine
territory. (There is no requirement that it
be in flight.)
In usurping control, it is not required that the
aircraft be a public utility.

Prepared by: Pros. Jadraque

3. The following are the qualifying
circumstances in nos. (1) and (2):
a. Firing upon the pilot, crew, or passenger;
b. Exploding or attempting to explode any
bomb or explosive to destroy the aircraft; or
c. The crime is accompanied by murder,
homicide, serious physical injuries, or rape.

Prepared by: Pros. Jadraque

4. Carrying or loading on board a
passenger aircraft operating as a public
utility in the Philippines, substances which
are corrosive, flammable, explosive or
poisonous.
Hence the mere carrying or loading of explosive,
corrosive, etc., brings about criminal liability,
unlike in No. 5 below.

Prepared by: Pros. Jadraque

1. Explosive – shall mean any substance,
either solid or liquid mixture or single
compound, which by chemical reaction
liberates in explosion. The term shall
include but not limited to dynamites,
firecrackers, blasting caps, black powders,
bursters, percussions, cartridges and
other explosive materials, except bullets
for firearms.
Prepared by: Pros. Jadraque

Definition:
2. Flammable – is any substance or
material that is highly combustible and
self-igniting by chemical reaction and shall
include but is not limited to acrolein,
allene, aluminum dyethylmonochloride,
and other aluminum compounds,
ammonium chlorate and other ammonium
mixtures and other similar substances or
materials.
Prepared by: Pros. Jadraque
3. Corrosive – is any substance or material,
either liquid, solid or gaseous, which
through chemical reaction wears away,
impairs or consumes any object. It shall
include but not limited to alkaline battery
fluid packed with empty storage battery
allylchloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and
other similar materials and substances.
Prepared by: Pros. Jadraque
4. Poisonous – is any substance or materials,
except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions
kills, injures or impairs a living organism or
person, and shall include but not limited to
allylisothiocyanate, ammunition (chemical,
non-explosive but containing Class A,B or
poison), aniline oil, arsine, bromobenzyle
cyanide, bromoacetone and other similar
substances or materials.
Prepared by: Pros. Jadraque
5. Shipping or loading such substances on
a cargo aircraft operating as public utility in
the Philippines is a manner not in
accordance with the rules and regulations
issued by the Air Transportation Office.
(ATO)
What is penalized here is carrying substances listed
in No. 4 above not in accordance with the rules and
regulations prescribed by the ATO.

Prepared by: Pros. Jadraque

 Section 7 provide that for any death or injury to
persons or damage to property resulting from a
violation of Sec. 3 and 4 of the law, the person
responsible therefor may be held liable in
accordance with the applicable provisions of the
RPC. There is thus, no absorption because the law
authorizes prosecution under the RPC. There will
be separate crimes for the death, injury and
damage to property (all mala in se) in addition to
the violation of the anti-hijacking law (mala
prohibita).
Prepared by: Pros. Jadraque

What crime is committed if accompanied

with death, injury or damage to property ?
1. Aircraft of Philippine registry – it must be
in flight
2. Aircraft of foreign registry – it need not be
in flight
3. Public utility passenger aircraft – mere
carrying of prohibited substance is criminal
4. Public utility cargo aircraft – non-
compliance with the ATO rules and
regulations constitutes the criminal act.
Prepared by: Pros. Jadraque

What are the four kinds of aircraft

and their treatment in the law?
When is an aircraft deemed in flight?
What are the acts punished?
Kinds of aircraft and their consideration
When shall it be considered terrorism?

Possible questions:
Thank you!