OWNERS of unregistered drones in Cebu City can rest assured that they can operate their aerial gadgets without fear of repercussions.
On Oct. 4, 2023, the City Council approved the ordinance prohibiting their use to protect the privacy, security and welfare of citizens and government agencies.
However, Mayor Michael Rama, in a letter dated Oct. 19, vetoed the “Ordinance Regulating the Use of Unmanned Aerial Vehicles, Remotely Piloted Aircraft, or Drones within the Territorial Jurisdiction of the City of Cebu and Providing Penalties for Violations,” which was authored by City Councilor Rey Gealon, committee on laws and traffic management board chairman.
There were worries that if left unrestricted, drones could easily be employed for illegal and illicit activities like the transport of illegal drugs, deadly weapons, contraband, or the unauthorized surveillance of government premises.
But for the ordinance to be valid, Rama, citing the Supreme Court, said:
* It must not contravene the Constitution or any statute;
* It must also not be unfair or oppressive;
* It must not be partial or discriminatory;
* It must not prohibit, but may regulate trade;
* It must be general and consistent with public policy; and
* It must not be unreasonable.
In a chat message on Saturday, Nov. 11, Gealon said he had yet to decide whether to withdraw or revise the ordinance.
The mayor had pointed out that the ordinance bans the use of drones without a controller’s certificate issued by the Civil Aviation Authority of the Philippines (CAAP) even though the Philippine Civil Aviation Regulations (PCAR) only requires the certificate for large drones weighing seven kilograms or more for commercial and non-commercial operations.
He said the ordinance also prohibits drones weighing less than seven kilograms, which the CAAP allows.
In his letter, Rama also explained why he cannot ban the use of drones within the vicinity or over government facilities.
“If I allow this, this means that public schools and government offices cannot use drones in their premises. Just imagine the disappointment of students and members of the faculty who are deprived of aerial shots during intramurals and other special events,” he said.
He said the ordinance will stunt the creative growth of photography and film students if they cannot use drones in government facilities as well as frustrate couples who cannot have drone shots for their prenuptial photos.
“More importantly, we will be depriving PIO (Public Information Office) of quality footage and memorable shots during our flag ceremonies and other events. Not just us, but also all government agencies within Cebu City are deprived of using drones in their respective premises,” Rama said.
“This is not only disappointing but outright ultra vires because there is no national law that prohibits the use of drones in government premises,” he added.
Last Oct 8, Gealon said the ordinance’s approval was a “victory” for men in uniform, emphasizing that the City cannot compromise not only their own security but also the security of those in their custody.
“They, who are at the forefront of maintaining peace and order and national security, must be prioritized in terms of attending to their concerns,” Gealon said.
Aside from requiring a controller’s certificate issued by the CAAP, the ordinance also requires drones to display markings of their owner’s name, contact number and address.
Other prohibitions include:
* Using more than one drone at a time;
* Flying a drone regardless of weight above 400 feet and at a lateral distance of less than 100 feet from vehicles, the public, including spectators, bystanders or any person not associated with its operation;
* Using a drone that transports or carries a living creature, and/or objects;
* Using a drone while under the influence of liquor, alcohol or any drug that impairs operator’s faculties or senses;
* Using a drone whether to launch or land on private or public property (land, building or vehicle) without consent permission from the owner;
*Using a drone at night;
Using a drone for business, commercial or academic purposes such as aerial photography, filming, surveying, agriculture, observation, advertising, research and development without special permit issued by the Office of the Mayor through the City Treasurer’s Office and Business Permits and Licensing Office;
Using a drone to violate the constitutional rights of persons, including the right to privacy, or to violate existing laws or local ordinances;
Using a drone for recreational or personal purposes in populated areas without special permit issued by the Office of the Mayor through the City Treasurer’s Office;
* Using a drone within the vicinity or over government premises;
* Using a drone for whatever reason or purpose within a 100-meter radius from any jail facility.
* The ordinance also requires all drone controllers to secure a special permit from the Office of the City Mayor.
Violators may be liable to imprisonment for a period ranging from six months to one year, depending on the discretion of the court. They may also face a fine of up to P5,000.