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Republic Act No. 6235AN
ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVILAVIATION,
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6235 AN
ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVILAVIATION,
AND FOR OTHER PURPOSES.
Section
1. It shall be unlawful for any person to compel a change in the course
or destination of an aircraft of Philippine registry, or to seize or
usurp
the control thereof, while it is in flight. An aircraft is in flight
from
the moment all its external doors are closed following embarkation
until
any of such doors is opened for disembarkation.
It
shall likewise be 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 the said territory.
Sec.
2. Any person violating any provision of the foregoing section shall be
punished by an imprisonment of not less than twelve years but not more
than twenty years, or by a fine of not less than twenty thousand pesos
but not more than forty thousand pesos.
The
penalty of imprisonment of fifteen years to death, or a fine of not
less
than twenty-five thousand pesos but not more than fifty thousand pesos
shall be imposed upon any person committing such violation under any of
the following circumstances:
1.
Whenever he has fired upon the pilot, member of the crew or passenger
of
the aircraft;
2.
Whenever he has exploded or attempted to explode any bomb or explosive
to destroy the aircraft; or
3.
Whenever the crime is accompanied by murder, homicide, serious physical
injuries or rape.
Sec.
3. It shall be unlawful for any person, natural or juridical, to ship,
load or carry in any passenger aircraft operating as a public utility
within
the Philippines, and explosive, flammable, corrosive or poisonous
substance
or material.
Sec.
4. The shipping, loading or carrying of any substance or material
mentioned
in the preceding section in any cargo aircraft operating as a public
utility
within the Philippines shall be in accordance with regulations issued
by
the Civil Aeronautics Administration.
Sec.
5. As used in this Act -
(1)
"Explosive" shall mean any substance, either solid or liquid,
mixture
or single compound, which by chemical reaction liberates heat and gas
at
high speed and causes tremendous pressure resulting 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 firearm.
(2)
"Flammable" is any substance or material that is highly combustible
and self-igniting by chemical reaction and shall include 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.
(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, allyl chloroformate,
allytrichlorosilane,
ammonium dinitro-orthocresolate and other similar materials and
substances.
(4)
"Poisonous" is any substance or materials, except medicinal drug,
either
liquid, solid or gaseous, which through chemical reactions kills,
injuries
or impairs a living organism or person, and shall include but not
limited
to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing
Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide,
bromoacetone
and other similar substances or materials.
Sec.
6. Any violation of Section three hereof shall be punishable by an
imprisonment
of at least five years but not more than ten years or by a fine of not
less than ten thousand pesos but not more than twenty thousand pesos: Provided,
That if the violation is committed by a juridical person, the penalty
shall
be imposed upon the manager, representative, director, agent or
employee
who violated, or caused, directed, cooperated or participated in the
violation
thereof: Provided, further, That in case the violation is
committed
in the interest of a foreign corporation legally doing business in the
Philippines, the penalty shall be imposed upon its resident agent,
manager,
representative or director responsible for such violation and in
addition
thereto, the license of said corporation to do business in the
Philippines
shall be revoked.
Any
violation of Section four hereof shall be an offense punishable with
the
minimum of the penalty provided in the next preceding paragraph.
Sec.
7. For any death or injury to persons or damage to property resulting
from
a violation of Sections three and four hereof, the person responsible
therefor
may be held liable in accordance with the applicable provisions of the
Revised
Penal Code.
Sec.
8. Aircraft companies which operate as public utilities or operators of
aircraft which are for hire are authorized to open and investigate
suspicious
packages and cargoes in the presence of the owner or shipper, or his
authorized
representatives if present; in order to help the authorities in the
enforcement
of the provisions of this Act: Provided, That if the owner,
shipper
or his representative refuses to have the same opened and inspected,
the
airline or air carrier is authorized to refuse the loading thereof.
Sec.
9. Every ticket issued to a passenger by the airline or air carrier
concerned
shall contain among others the following condition printed thereon: "Holder
hereof 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," which shall
constitute
a part of the contract between the passenger and the air carrier.
Sec.
10. The Civil Aeronautics Administration is hereby directed to
promulgate
within one month after the approval of this Act such regulations as are
provided in Section four hereof and cause the publication of such rules
and regulations in the Official Gazette and in a newspaper of national
circulation for at least once a week for three consecutive weeks. Such
regulations shall take effect fifteen days after publication in the
Official
Gazette.
Sec.
11. This Act shall take effect after the publication mentioned in the
preceding
section.
Approved:
June 19, 1971
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