Drone ordinance crashes with veto

CEBU, Philippines —  Authorities concerned over the security risk drones pose over the city should lobby for their regulation with Cebu City Mayor Michael Rama, who recently vetoed an ordinance for such a purpose.

This is the advice of City Councilor Rey Gealon to the police, military, and other security organizations, as the ordinance he authored has already been "killed" because the Cebu City Council "merely noted the veto and did not override it by 2/3 votes" during their regular session last Nov. 8.

"I advise those in the uniformed service who lobbied for this ordinance to seek audience with the Office of the Mayor to address their security concerns, especially in jail facilities, as well as police and military camps, among other high-security areas," he said, in a statement sent to the media.

It was last Oct. 4 when the Cebu Council approved during its regular session Gealon's “An 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".

In an Oct. 19  letter sent through Vice Mayor Raymond Alvin Garcia, however, Rama vetoed the ordinance, saying the restrictions it imposes may cause frustrations to some sectors.

In particular, he cited Section 55 of Republic Act (RA) No. 7160 (Local Government Code) that states that  the "local chief executive may veto any ordinance of the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing."

The mayor also said that the Civil Aviation Authority of the Philippines (CAAP), mandated by RA 9497, already provides a comprehensive policy guidance for the promotion and development of the Philippine aviation industry, including the use of drones.

He said that while the ordinance prohibits the use of drones without a CAAP certification, CAAP actually allows the flying of drones that weigh less than seven kilograms.

“Under the ordinance, it is prohibited to use or operate a drone within the vicinity or over government facilities. If I will allow this, this means that public schools and government offices cannot use drones on their premises,” the mayor said, in his letter.

“Just imagine the disappointment of students and members of the faculty who are deprived of aerial shots during intramurals and other special events,” he added.

The mayor likewise argued that the ordinance would stunt photography and film students' "creative growth" if they were not allowed to utilize drones in government facilities.

He likewise gave weight to the possible “frustration” of couples who cannot have drone shots for their pre-nuptial photos at Fort San Pedro and other heritage sites of the city.

“More importantly, we will be depriving (the City Hall) PIO of quality footage and memorable shots during our flag ceremonies and other events. Not just us, but also all government agencies within Cebu City... (would be) 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.

Gealon, for his part, said that he respects the mayor's decision, which is why he is leaving it now to the police and other security organizations for them to raise their concerns directly with the mayor. (CEBU NEWS)