I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Hijacking isn't necessarily connected to terrorism. But if it is, another law applies: RA 9372, the Human Security Act. We are living in the post-9/11 era; I therefore believe that this law has become more important than ever. The crime of hijacking can be committed by any person (including an artificial one) in 3 ways:
1.) Changing the course or destination of a Philippine aircraft while in flight or to take control of the aircraft while it is in flight. An aircraft is considered "in flight" when its doors are closed after all passengers have boarded and ends when the doors are opened for disembarking.
2.) Compelling a foreign aircraft to land in the Philippines or seizing control of it while it's in Philippine territory.
3.) Loading, shipping or carrying explosive, flammable, corrosive or poisonous substances in a passenger aircraft within the Philippines. Loading such substances on cargo aircraft must follow the rules and regulations of the Civil Aeronautics Board.
For violations 1 and 2, the penalties are:
1.) 12 to 20 years imprisonment or (the text doesn't say "and") a fine of Php20,000 to 40,000
2.) 15 years to life imprisonment or (same as above) a fine of Php25,000 to 50,000 if any of the qualifying circumstances are present:
a.) If he fired on the pilot/s, crew and passengers
b.) If he blew up, or tried to blow up, an explosive to try to destroy the aircraft (assuming the aircraft survived, of course)
c.) If murder, homicide, rape or serious physical injuries were committed
For violation 3, the penalty is 5 to 10 years imprisonment or a fine of Php10,000 to 20,000. If the crime was committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty will be imposed on its resident agent, manager, representative or director responsible for the violation and its license to do business in the Philippines will be revoked. Violations of CAB rules are punishable by the minimum penalty in violation 3. Deaths due to violation 3 are also punishable with the pertinent liabilities in the Revised Penal Code.
Aircraft companies are authorized to open and inspect suspicious-looking packages in the presence of their owner (or his representative.) If the owner or his representative refuses, he will be denied boarding/loading. The tickets are consequently required to carry the following statement: "Holder thereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials and substances. Holder refusing to be searched shall not be allowed to board the aircraft."
6 comments:
sir question . .While the pilot of a certain aircraft were having inch break in clark, pampanga, three terrorist accosted them and compelled them to fly the plain to afganistan but the arrested marshals arrested them, are the three terrorist liable for violation of this act??
40pts ! ser hahaha..
40pts ! ser hahaha..
If it is a Philippine aircraft, they cannot be held liable under this act. To be liable under the Anti-Hijacking Law, a Philippine aircraft must be in flight, not necessarily flying. It is considered in flight if the doors are closed after all passengers have boarded and ends when the doors are opened for disembarking. In this case, the pilot was having an inch break in Clark Pampanga, hence the aircraft is not yet in flight. The doors are still open. However if it is a foreign aircraft, they can be held liable under this act. The law only requires seizing control of it while it is in Philippine territory regardless of whether or not the aircraft is on flight.
Sir is there is attempted highjacking??
Tnk u
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