A proposed ordinance providing strict oversight on the use of drones could harm current efforts to market Catanduanes’ emerging tourist destinations.
This contrary view was expressed by some enthusiasts and operators who are using drone photography to promote newly discovered tourist attractions through aerial images which are mostly uploaded on social media.
It may be recalled that last March 11, 2024, during the 10th Regular Session of the Sangguniang Panlalawigan in Panganiban town, Provincial Board Member Joselito T. Alberto submitted for consideration the proposed “Catanduanes Drone Operation Regulations Ordinance” reportedly in response to concerns over safety and privacy issues over the increasing use of drones.
“Due to the proliferating users of drones operating indiscriminately, public security is precariously at stake,” the ex-officio board member stated. “It is a must that the government should initiate rules and regulations and even policies that will protect citizens from unexpected problems that would soon happen if not regulated and controlled.”
He pointed to the potential misuse of drones by terrorists and lawless elements while acknowledging their legitimate use in tourism promotion, event coverage, military intelligence gathering and surveillance, and engineering platforms.
PBM Alberto said it is constitutional duty of local Sanggunians to ensure the safety of constituents from the harmful effects of man-made disasters, including terrorism.
With drones becoming increasingly common in various sectors, including agriculture, photography, and surveillance, the ordinance aims to ensure that their use is conducted responsibly and in accordance with the law, he added.
Under the draft regulations, all drone operations within the province, whether for commercial or hobby-related purposes, will face strict oversight, with key provisions to govern registration requirements, drone markings and flight restrictions.
The ordinance’s provisions, however, will not apply on government agencies such as the Philippine National Police and the Armed Forces of the Philippines in the conduct of their official functions.
The measure will require the registration of drones for commercial purposes and all drones weighing seven (7) kilograms or more, with all drones regardless of use to be clearly marked with the name, contact details and address of the owner and/or controller.
A drone must be operated only during the day and in good weather condition, it specified, with the owner or controller required to obtain permission from the owner of the property on which the drone is to be launched or landed.
It likewise mandates that no drone shall be flown outside the controller’s visual line of sight, higher than 120 meters above ground level, at a lateral distance of 30 meters from vehicles and members of the public, closer than 10 kilometers from the airport or active helipads, and at a distance of more than 500 meters from the controller’s location.
No person shall operate more than one drone at a time, the draft ordinance states, and he or she shall not operate one under the influence of alcohol or while using any drug that impairs his or her faculties and nor shall it transport or carry a living creature aboard.
It will also be prohibited to operate near emergencies such as fires, ongoing police or military operations, rescue operations and similar instances when the operation of a drone could prejudice the situation, it adds.
“No drones shall be used in violation of relevant constitutional rights, including the right to security and privacy,” the measure says, with drone operators prohibited from flying one in the close vicinity or over jails, vital police or military facilities, highly populated areas such as schools and markets unless permitted, and public utility facilities such as power, water and telecommunications.
The proposed law will impose fines and penalties of as much as P5,000 or imprisonment of one week to one month or both at the discretion of the Court, with the drone to be confiscated and forfeited in favor of the provincial government.
All video or audio recordings and copies thereof made through the use of a drone in violation of the ordinance shall be erased and confiscated, it adds, while the owner or operator may likewise face criminal or civil liability incurred against the government or any private individual.
Last week, the Committee on Public Safety and Peace and Order chaired by PBM Robert Fernandez discussed the proposed measure and its implications.
The Civil Aviation Authority of the Philippines (CAAP) has its own regulations governing the use of Remotely Piloted Aircraft Systems (RPAS) to address concerns that a number of drone owners and operators have limited knowledge and understanding of the proper use of these devices, the security and safety risks it poses, and their possible interference with commercial air traffic.
Last year, Senator Raffy Tulfo filed Senate Bill 1777, or the Drone Regularization Act, authorizing CAAP to classify drones, register them and issue permits to operate.
But the senator’s bill carried higher penalties of P100,000 for the operation of unregistered commercial drone, and P500,000 for violation of safety regulations and drone usage restrictions.
In an interview with the Tribune last week, a drone enthusiast expressed concern about the proposed drone regulations’ negative effect on the marketing of emerging and undiscovered tourist attractions in Catanduanes.
He pointed out that the 10-kilometer “no-fly” zone around the Virac airport already covers an area of 314 square kilometers, encompassing almost all of the capital town and parts of the neighboring towns of San Andres, San Miguel and Bato.
“The generic restriction on drone operation within the 10-kilometer radius of the airport is too generic and cannot be applied to Virac where there is only one daily commercial flight,” he said.
Anyway, he added, the latest drones, which cost at least P30,000 each for the small ones, already have a built-in feature called “geo-fencing” that prevents it from operating near airports.
The drone flyer noted that the 120-meter height limitation is too low and would depend on the elevation of the geological or man-made feature from which the drone would be flown.
Drones could be useful in times of calamities and emergencies, he said, and in exposing environmental degradation and exploitation.
He recalled that in some remote barangays where drone photography was utilized to unveil hidden tourism gems, the people very much appreciated the exposure.
Facebook posts of the drone photographs have generated interest not only among netizens but also Catandunganons who have spent much of their life in other provinces and countries, enticing them to come home for a vacation.
It is also claimed that the unscrupulous private parties are taking advantage of drone regulations to offer training to drone operators in a single package together with the assured approval of the operator’s permit.