Title
Prohibited Acts Against Civil Aviation Safety
Law
Republic Act No. 6235
Decision Date
Jun 19, 1971
"Prohibition of Certain Acts Detrimental to Civil Aviation" is a Philippine Jurisprudence case that establishes the legal framework for protecting civil aviation in the Philippines, including penalties for violations, prohibition of dangerous substances on passenger aircraft, authorization for inspection of suspicious packages, and the task of the Civil Aeronautics Administration in implementing the law.

Questions (Republic Act No. 6235)

An aircraft is in flight from the moment all its external doors are closed following embarkation until any such door is opened for disembarkation.

It is unlawful to (1) compel a change in the course or destination of an aircraft of Philippine registry while it is in flight, or (2) seize or usurp the control of such aircraft while it is in flight.

It is unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within said territory.

Imprisonment of not less than twelve years but not more than twenty years, or a fine of not less than ₱20,000 but not more than ₱40,000.

The penalty is increased to imprisonment of fifteen years to death, or a fine of ₱25,000 to ₱50,000 when: (1) the violator has fired upon the pilot, crew member, or passenger; (2) the violator has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or (3) the crime is accompanied by murder, homicide, serious physical injuries, or rape.

It is unlawful to ship, load, or carry in any passenger aircraft operating as a public utility within the Philippines any explosive, flammable, corrosive, or poisonous substance or material.

The shipping, loading, or carrying of such substances/materials in cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations issued by the Civil Aeronautics Administration.

The Act defines them by chemical reaction effects: (1) Explosive releases heat and gas at high speed causing tremendous pressure; (2) Flammable is highly combustible and self-igniting; (3) Corrosive wears away/impairs/consumes objects through chemical reaction; (4) Poisonous kills, injures, or impairs a living organism/person (excluding medicinal drugs).

Yes. The definition of “Explosive” includes specified explosive materials but expressly excludes bullets for firearm.

Imprisonment of at least five years but not more than ten years, or a fine of not less than ₱10,000 but not more than ₱20,000.

The penalty shall be imposed upon the manager, representative, director, agent, or employee who violated, or caused, directed, cooperated or participated in the violation.

The penalty is imposed on the foreign corporation’s resident agent, manager, representative, or director responsible for the violation; additionally, the corporation’s license to do business in the Philippines shall be revoked.

Violation of Section 4 is an offense punishable with the minimum of the penalty provided for violations of Section 3.

The person responsible may be held liable in accordance with the applicable provisions of the Revised Penal Code, in addition to the violations under RA 6235.

They are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper (or his authorized representative if present) to help enforce the Act’s provisions.

The airline or air carrier is authorized to refuse the loading thereof.

A condition that the holder and hand-carried luggage are subject to search for and seizure of prohibited materials or substances, and that refusal to be searched means the holder will not be allowed to board.


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