Penalties for unlawful interference
- Section 2 provides that any person violating Section 1 is punished by imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than PHP 20,000 but not more than PHP 40,000.
- Section 2 requires the penalty of imprisonment of fifteen years to death, or a fine of not less than PHP 25,000 but not more than PHP 50,000, when the violation occurs under any of the following circumstances: (a) whenever the offender has fired upon the pilot, member of the crew or passenger of the aircraft; (b) whenever the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or (c) whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Prohibited explosives and toxic materials
- Section 3 prohibits any person, natural or juridical, from shipping, loading, or carrying in any passenger aircraft operating as a public utility within the Philippines any explosive, flammable, corrosive, or poisonous substance or material.
Cargo rules by aviation regulator
- Section 4 allows the shipping, loading, or carrying of substances or materials mentioned in Section 3 in any cargo aircraft operating as a public utility within the Philippines only in accordance with regulations issued by the Civil Aeronautics Administration.
Definitions of controlled substances
- Section 5 defines “Explosive” as any substance—solid or liquid, mixture or single compound—that by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion, including but not limited to dynamites, firecrakers, blasting caps, black powders, bursters, percussions, cartridges, and other explosive materials, except bullets for firearm.
- Section 5 defines “Flammable” as any highly combustible substance or material that is self-igniting by chemical reaction, including but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials.
- Section 5 defines “Corrosive” as any substance or material, liquid, solid, or gaseous, which through chemical reaction wears away, impairs, or consumes any object, including but not limited to alkaline, battery fluid packed with empty storage battery, allyl chloroformate, allytri-chlorosilane, ammonium dinitro-orthocresolate and other similar materials and substances.
- Section 5 defines “Poisonous” as any substance or material—except medicinal drug—either liquid, solid, or gaseous that through chemical reaction kills, injures, or impairs a living organism or person, including but not limited to allyl isothio cyan ate, ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.
Penalties for unlawful shipping and cargo
- Section 6 provides that any violation of Section 3 is punishable by imprisonment of at least five years but not more than ten years, or by a fine of not less than PHP 10,000 but not more than PHP 20,000.
- Section 6 imposes liability on corporate actors: if the violation is committed by a juridical person, the penalty is imposed upon the manager, representative, director, agent or employee who violated, or who caused, directed, cooperated or participated in the violation.
- Section 6 addresses foreign corporations: if the violation is committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty is imposed upon its resident agent, manager, representative or director responsible for the violation, and the corporation’s license to do business in the Philippines is revoked in addition thereto.
- Section 6 classifies cargo-transport violations: any violation of Section 4 is an offense punishable with the minimum of the penalty provided in the immediately preceding paragraph.
Civil liability for resulting harm
- Section 7 provides that for any death or injury to persons or damage to property resulting from a violation of Sections 3 and 4, the person responsible may be held liable under the applicable provisions of the Revised Penal Code.
Airline authority to open suspicious cargo
- Section 8 authorizes aircraft companies operating as public utilities or operators of aircraft for hire to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or the owner/shipper’s authorized representatives if present, to help enforce Sections 3 and 4.
- Section 8 authorizes refusal to load: if the owner, shipper, or authorized representative refuses to have the package opened and inspected, the airline or air carrier is authorized to refuse loading it.
Mandatory passenger ticket condition
- Section 9 requires that every ticket issued to a passenger by the airline or air carrier contain, among others, the following condition printed on the ticket:
- “Holder here of and his hand-carried luggage (s) are subject to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft,”
- Section 9 provides that the ticket condition constitutes a part of the contract between the passenger and the air carrier.
Implementation and regulatory timeline
- Section 10 directs the Civil Aeronautics Administration to promulgate within one month after approval of the Act the regulations required for Section 4.
- Section 10 requires the Civil Aeronautics Administration to cause publication of those rules and regulations in the Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks.
- Section 10 provides that the regulations take effect fifteen days after publication in the Official Gazette.
Effectivity and approval
- Section 11 provides that the Act takes effect after the publication required in Section 10.
- The Act was approved on June 19, 1971.