THIRTEENTH CONGRESS OF THE REPUBLIC 
Firsf Regular Session 
OF THE PHILIPPINES 
S E N A T E  
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No. 
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Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
The Constitution provides that the State shall adopt the generally 
accepted principles of international law as part of the law of the land and adhere 
to a policy of cooperation with all nations. It is with this same end that the 
Philippines has become a member of the International Civil Aviation Organization 
(ICAO), an organization organized to develop, promote and protect civil aviation. 
Consistent with the principles set forth by ICAO, the Congress of the 
Republic of the Philippines on 19 June 1971 passed Republic Act 6235, 
otherwise known as the Anti-Hijacking Law. However, recent events such as the 
September 1 I ,  2001 bombing of the World Trade Center in New York City and 
the ongoing American war on terror made it imperative to amend the said law so 
as to make it more responsive to the demands of the rapidly changing security 
concerns of the civil aviation industry. 
For the year 2002 alone, a total of 365,138 flights took off and landed in 
Philippine airports. From these flights, passenger movement was estimated at 
20,207,426. The Manila Domestic Airport alone recorded 124,840 flights and 
532 1,601 passengers, while the Ninoy Aquino International Airport recorded 
44,112 flights and 7,466,379 passengers. Other Philippine Airports are located 
in llocos Norte, Cebu, and Davao. 
Considering these massive numbers, it is imperative that the state 
formulate a policy aimed at protecting our airports and all airlines that traverse 
our skies. 
In view of the foregoing, early passage of this bill is earnestly requested. 
SERGIQ OSMERA 111 
Senator 
lrlg 


THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
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OF THE PHILIPPINES 
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S E N A T E  
S ."N 0. 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
CODIFYING THE LAWS ON CIVIL AVIATION SECURITY, 
IDENTIFYING AND PENALIZING ACTS INIMICAL TO CIVIL 
AVIATION 
AND 
THOSE 
CONSTITUTING 
UNLAWFUL 
INTERFERANCE TO CIVIL AVIATION, PROVIDING STIFFER 
PENALTIES 
THEREFORE 
AND 
FOR 
OTHER 
PURPOSES 
Be it enacfed by the Senate and fhe House of Representatives of the Republic of 
the Philippines in Congress assembled: 
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Section 1. The short title of this Act shall be "Civil Aviation'Security 
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Act of 2004." 
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Section 2. 
The provisions of this Act shall apply to all airports, 
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International and Domestic within the jurisdiction of the Republic of the 
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Philippines, including airport navigation facilities as may be defined hereafter. 
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Section 3. Definition of terms 
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a) Airport Landslide - That area of an airport and buildings to which 
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non-traveling public has free access. 
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b) Airport Airside - The movement area of an airport, adjacent terrain 
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and buildings or portions thereof, access of which is controlled. 
c) Airport Navigation Facilities - Any facility used in, available for use 
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in, or designed for use in, aid in air Navigation including areas, lights, 
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apparatus or equipment for disseminating weather information, for 
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signaling, for radio directional finding, or for radio or other electrical 
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communications, and any other structures or mechanism having 
similar purpose for guiding or controlling flight in the air or the landing 
and take-off or aircraft. 
d) Airline Facilities - Any facility owned or operated by an airline 
company actually used in the processing, booking and selling of airline 
tickets. This excludes travel agencies or entities likewise engaged in 
the booking and selling of airline tickets. 
e) Explosive - shall mean by 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 powder, bursters, percussions, 
cartridge and other explosive materials, except bullets for firearms. 
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 diethyl monochloride, and other 
aluminum compounds, ammonium chlorate and other ammonium 
mixturesans similar substances or materials. 
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g) 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, allytric- 
chlorosilaane, ammonium dinitroortheoresolate and other similar 
substances or materials. 
h) Poisonous - is any substance or materials, except medicinal drug, 
either liquid, solid, or gaseous, which through chemical reaction, kills, 
injures, or impairs a living organism or person and shall include but not 
limited to allyl isothiocyanate, ammunition (chemical, non-explosive 
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but containing Class A, B or poison), aniline oil, arsine, bromzenle, 
cyanide, bromcacetone, and other similar substances or materials. 
Section 4. Prohibited acts within airport landside areas. - 
a) 
It shall be unlawful for any person who, without proper authority 
therefore, shall park or leave any vehicle in any area within the airport 
landside area other than the designated parking areas. 
b) 
It shall be unlawful for any reason to leave any untagged and 
unidentifiable baggage including enclosed or wrapped items unattended at 
the airport landside. 
Section 5. Any person who violates the provision of Section 4 hereof 
shall be punished with a fine of Five Thousand (P5,OOO.OO) pesos ar;d/or 
imprisonment of ten (10) days at the discretion of the court. Furthermore, airport 
authorities shall have the right to confiscate and open baggage, or enclosed 
wrapped items, and tow, and open vehicles for the purpose of searching at the 
owner’s expense. If the confiscated or searched baggage or vehicle however is 
found to contain unlicensed firearms, ammunitions, poisonous, flammable, 
corrosive, and explosive substances as defined in Section 3 hereof, then the 
penalties of both fine and imprisonment shall be imposed without prejudice to the 
applicable provisions of the Revised Penal Code and other special penal laws. 
Section 6. It shall be unlawful for any person to enter by any means in 
the airport airside without any authority therefore. 
Any person found guilty 
thereof shall be imprisoned for a period of not more than thirty (30) days. If an 
offense provided hereunder is committed after this unlawful entry then the 
penalty thereof shall be imposed in the maximum. 
Section 7. 
Internationally destroying or damaging airport navigation 
facilities is considered a serious violation of airport and aviation security and 
safety. As such any person found guilty thereof shall in addition to his civil 
liability brought about by his culpability be punished with an imprisonment of not 
less than six (6) years but not more than twelve (12) years. If however, the 
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damage caused resulted serious or less serious physical injuries to any person 
within the airport landslide or airside, the penalty shall be from twelve (12) to 
twenty (20) years imprisonment. When the same however results to death, then 
the penalty of life imprisonment shall be imposed. 
Section 8. Prohibited acts within an aircraft: 
A. Hgackipg - The following shall constitute acts of hijacking: 
8.1) 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. 
8.2) 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. 
Section 9. 
Any person violating any provision of the immediately 
preceding section shall be punished by an imprisonment of not less than twelve 
(12) years but not more than twenty (20) years. The penalty of imprisonment of 
fifteen (I 
5) years to life shall be imposed to any person under any of the following 
circumstances: 
A. 
1. 
2. 
3. 
Commandeering - the following acts shall constitute acts of 
commandeering: 
Whenever he has fired upon the pilot, member of the crew or 
passenger of the aircraft; 
Whenever he has exploded or attempted to explode any bomb or 
explosive to destroy the aircraft; or 
Wherever the crime is accompanied by murder, homicide, serious 
physical injuries or rape. 
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Section I O ,  Whenever the acts under sub-paragraph 8.1 of Section 8 is 
committed while the aircraft is not in flight, the penalty prescribed by Section 9 
shall be imposed on the offender. 
Section 11. It shall be unlawful for any person to carry any firearm within 
the airport airside and inside any aircraft. The carrying of firearms by authorized 
persons shall be in accordance with the rules and regulations issued by the 
airport security authorities. Any person violating this provision shall be punished 
with not less than ten (IO) years and not more than twenty (20) years 
imprisonment. For the purpose of this provision, airport security authorities shall 
be composed as follows: 
a) On airports with original charter: 
1. The Airport General Manager 
2. ASG Commander 
3. Chief, Airport Police 
4. AGM, Security 
b) On airports without original charter: 
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The Airport General Manager 
2. ASG Commander 
3. Chief, Security Office 
Section 13. It shall be unlawful for any person, natural or judicial 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 any substance or mentioned in the 
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Aeronautics Board (CAB). 
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preceding paragraph in any cargo aircraft operating as public utility within the 
Philippines shall be in accordance with the regulations issued by the Civil 
Section 14. Any violation of Section 13 and 14 hereof shall be punishable 
by an imprisonment of at least eight (8) years but not more than twelve (12) 
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years imprisonment. Provided, that if the violation is committed by a juridical 
person, the penalty shall be imposed upon the manager, representative, director, 
agent or employee of the carrier, shipper or forwarding agent who violated, 
caused, directed, cooperated or participated in violation thereof; provided further, 
that in case of violation is committed in the interest of 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. 
For the purpose of this Section and Section 12 thereof, or attempt to ship, 
load, or carry any firearms, explosive, flammable, corrosive or poisonous 
substances shall carry the same penalty as the actual shipping, loading or 
carrying of the same. 
Section 15. Aircraft Companies and forwarding firms operating within the 
jurisdiction of the Republic of the Philippines shall have no obligation to open 
packages and cargoes in the presence of the owner or shipper, of his authorized 
representative to determine whether or not the package or cargoes to be shipped 
contain articles or merchandize prohibited under this act; provided, that if the 
owner, shipper or representative refuses to have the same open and inspected, 
the airline or forwarder is authorized to refuse the loading or forwarding of the 
same; provided finally that the failure of the responsible airline officer or 
forwarder to detect the presence of prohibited merchandize or articles shall be 
prima facie proof of their complicity. 
Section 16. Unlawful interference - In addition to the acts already 
penalized above, the following acts constitute interference to civil aviation; 
a> 
Violence against a person on board an aircraft in flight, if that 
act is likely to endanger the safety of that aircraft; 
Communicating information which is known to be false, thereby 
endangering the safety of an aircraft in flight; 
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c) 
Performing an act of violence against a person at an airport 
serving civil aviation which causes or is likely to cause serious 
injury or death. 
Destroying or seriously damaging the facilities of an airport 
serving civil aviation or aircraft not in service located thereon or 
disrupting the services of the airport. 
d) 
Anybody found guilty of violating a and c above shall be punished with a 
penalty of not less than twelve (12) years imprisonment. If death, physical 
injuries or damage to aircraft occurs by reason of or on occasion thereof, then 
the penalty of life imprisonment shall be imposed. 
Violation of the above shall, in addition to civil liability of the offender be 
punished with no less than twelve (12) years imprisonment. If death, physical 
injuries or damage to aircraft occurs by reason of or no occasion thereof, then 
the penalty of life imprisonment shall be imposed. 
For the purpose of avoiding the occurrence of the commission of acts of 
unlawful interference to civil aviation, Airline companies, Air Transportation 
Office, Airport Managers and Aviation Security Personnel shall strictly adhere 
and observe the stringent provisions of the Philippine National Civil Aviation 
Security Programme adopted by the Philippine Government in September 1995. 
Responsible officers of the Airline companies, Air Transportation Office, Airport 
Management and Aviation Security Personnel who violates the civil aviation 
security programme shall be punished with imprisonment of not less than one (I) 
year but not more than five (5) years in the event of acts of unlawful interference 
to civil aviation occurs by reason thereof. In case of complicity however with the 
perpetrator of the acts of unlawful interference, then the penalty to be imposed is 
the same as that of the perpetrator. 
Section 17. 
For a thorough implementation of the airport security 
program, any design, construction and improvement of new or existing airports 
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shall be made with prior consultation with the Philippine National Police Aviation 
Security Group to reflect a workable and secure airport. 
Section 18. For the purpose of this act, the PNP Aviation Group shall be 
primarily responsible for the enforcement of the provisions of this Act. Any pass 
or authority to be given to any person to gain access to airport working and 
restricted areas shall be with prior approval of the PNP Aviation Security Group. 
Section 19. All laws, decrees, rules and regulation which are inconsistent 
with this act are hereby repealed or modified accordingly. 
Section 20. This Act shall take effect thirty (30) days after its publication 
in newspapers of general circulation. 
Approved, 
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