Law Summary
Penalties for Violations Involving Aircraft Hijacking or Control Seizure
- Violations of the above are punishable by imprisonment from 12 to 20 years, or a fine from ₱20,000 to ₱40,000.
- More severe penalties (imprisonment from 15 years up to death, or fines from ₱25,000 to ₱50,000) apply if:
- The offender fired upon the pilot, crew, or passenger.
- The offender exploded or attempted to explode a bomb or explosive to destroy the aircraft.
- The crime involved murder, homicide, serious physical injuries, or rape.
Prohibition on Transporting Hazardous Materials on Passenger Aircraft
- It is unlawful for any person or entity to ship, load, or carry explosives, flammable, corrosive, or poisonous substances on passenger aircraft operating as public utilities within the Philippines.
Regulation of Hazardous Materials on Cargo Aircraft
- Transporting explosive, flammable, corrosive, or poisonous materials on cargo aircraft is regulated by rules issued by the Civil Aeronautics Administration (CAA).
Definitions of Hazardous Substances
- "Explosive": Substances that liberate heat and gas rapidly causing an explosion, including dynamites, firecrackers, blasting caps, black powder, etc., excluding firearm bullets.
- "Flammable": Highly combustible or self-igniting substances such as acrolein, aluminum compounds, ammonium mixtures.
- "Corrosive": Substances causing chemical wear or damage, including alkaline fluids, battery fluids, various chemical compounds.
- "Poisonous": Substances (excluding medicinal drugs) causing injury or death to living organisms, examples include aniline oil, arsine, bromobenzyl cyanide.
Penalties for Violations Involving Hazardous Materials
- Violations related to passenger aircraft carry imprisonment of 5 to 10 years or fines of ₱10,000 to ₱20,000.
- If committed by a juridical person, penalties target the responsible manager, agent, director, or employee.
- For foreign corporations, penalties include revocation of business license in the Philippines.
- Violations concerning cargo aircraft are subject to the minimum of the above penalties.
Liability for Death, Injury, or Property Damage
- Persons responsible for death, injury, or property damage from violations involving hazardous material transportation may be held liable under Revised Penal Code provisions.
Authority of Airlines to Inspect and Refuse Suspicious Packages
- Public aircraft companies and operators may open and inspect suspicious packages or cargo in the presence of the owner or authorized representative.
- If the owner or representative refuses inspection, the airline may refuse to load the package.
Terms Printed on Passenger Tickets
- Tickets must contain a condition stating that the passenger and their hand-carried luggage are subject to search.
- Refusal to submit to search results in denial of boarding.
- This condition is part of the contract between passenger and air carrier.
Directive to the Civil Aeronautics Administration
- The CAA shall promulgate regulations for hazardous material transport on cargo aircraft within one month after the Act’s approval.
- Regulations must be published in the Official Gazette and a national newspaper for at least one week over three consecutive weeks.
- Regulations take effect 15 days after publication in the Official Gazette.
Effectivity
- The Act takes effect after the prescribed publications of regulations and notices as required.