Article 69Act No. 3815, Sec./Art. 69

Penalty to be imposed when the crime committed is not wholly excusable.-A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in articles 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

between and connecting each of the Islands of the

Philippine Archipelago, irrespective of its depth, breadth,

length or dimension, and all other waters belonging to

the

Philippines

by

historic

or

legal

title,

including

territorial sea, the sea-bed, the insular shelves, and other

submarine

areas

over

which

the

Philippines

has

sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of

passengers and cargo from one place to another through

Philippine Waters. It shall include all kinds and types of

vessels or boats used in fishing.

c. Philippine Highway. It shall refer to any road, street,

passage, highway and bridges or other parts thereof, or

railway or railroad within the Philippines used by persons,

or vehicles, or locomotives or trains for the movement or

circulation of persons or transportation of goods, articles,

or property or both.

d. Piracy. Any attack upon or seizure of any vessel, or the

taking away of the whole or part thereof or its cargo,

equipment,

or

the

personal

belongings

of

its

complement or passengers, irrespective of the value

thereof, by means of violence against or intimidation of

persons or force upon things, committed by any person,

including a passenger or member of the complement of

said vessel, in Philippine waters, shall be considered as

piracy. The offenders shall be considered as pirates and

punished as hereinafter provided.

e.

Highway

Robbery/Brigandage.

The seizure of any

person for ransom, extortion or other unlawful purposes,

or the taking away of the property of another by means of

violence against or intimidation of person or force upon

things

of

other unlawful means, committed by any

person on any Philippine Highway.

Section 3. Penalties. Any person who commits piracy or

highway robbery/brigandage as herein defined, shall,

upon conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium

and maximum periods shall be imposed. If physical

injuries or other crimes are committed as a result or on

the occasion thereof, the penalty of reclusion perpetua

shall

be

imposed.

If

rape,

murder

or

homicide

is

committed as a result or on the occasion of piracy, or

when

the offenders abandoned the victims without

means of saving themselves, or when the seizure is

accomplished by firing upon or boarding a vessel, the

mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion

temporal in its minimum period shall be imposed. If

physical injuries or other crimes are committed during or

on

the

occasion

of

the

commission

of

robbery

or

brigandage, the penalty of reclusion temporal in its

medium and maximum periods shall be imposed. If

kidnapping

for

ransom

or

extortion,

or

murder

or

homicide, or rape is committed as a result or on the

occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or

abetting piracy or highway robbery/brigandage. Any

person

who

knowingly

and in any manner aids or

protects pirates or highway robbers/brigands, such as

giving them information about the movement of police

or other peace officers of the government, or acquires or

receives property taken by such pirates or brigands or in

any manner derives any benefit therefrom; or any person

who directly or indirectly abets the commission of piracy

or highway robbery or brigandage, shall be considered as

an accomplice of the principal offenders and be punished

in accordance with the Rules prescribed by the Revised

Penal Code.

It shall be presumed that any person who does any of the

acts provided in this Section has performed knowingly,

unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No.

3815, otherwise known as the Revised Penal Code; and all

laws, decrees, or orders or instructions, or parts thereof,

insofar as they are inconsistent with this Decree are

hereby repealed or modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon

approval.

Done in the City of Manila, this 8th day of August, in the

year of Our Lord, nineteen hundred and seventy-four.

RA No 6235 | Anti-Hijacking Law

June 19, 1971

REPUBLIC ACT NO. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO

CIVIL AVIATION, 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.

SECTION 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.

SECTION 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, any

explosive, flammable, corrosive or poisonous substance or

material.

SECTION 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.

SECTION 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

diethyl 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, allyltrichlorosilane,

© Compiled By RGL

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