Full TEXT:

ORDINANCE NO. 2025-106

AN ORDINANCE REGULATING THE USE OF DRONES AND PROHIBITING THE FLYING OR DEPLOYMENT OF ANY UNREGISTERED AND UNAUTHORIZED DRONES IN AREAS DECLARED AS NO-FLY ZONES FOR SAFETY AND SECURITY CONSIDERATIONS, PROVIDING PENALTIES FOR VIOLATIONS, AND FOR OTHER PURPOSES

Author: Hon. Melvin Ramon G. Buenafe

WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, empowers local government units to exercise powers necessary, appropriate, or incidental for the promotion of the general welfare, particularly in preserving the comfort, convenience, peace, safety, protection, and prosperity of their constituents;

WHEREAS, under Section 458(a)(4)(i) of the same Code, the Sangguniang Panlungsod is expressly authorized to enact ordinances intended to safeguard the health, safety, peace, prosperity, and the protection of the inhabitants of the city;

WHEREAS, the unauthorized and unregulated use of drones may compromise public safety, disrupt peace and order, interfere with disaster response and emergency operations, and pose risks to sensitive government facilities, public gatherings, and critical infrastructure;

WHEREAS, the operation of drones without consent for surveillance, photography, or data gathering may constitute violations of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and other existing laws protecting the right to privacy of individuals;

WHEREAS, the Civil Aviation Authority of the Philippines (CAAP) has issued the Philippine Civil Aviation Regulations regarding Remotely Piloted Aircraft System provisions, a set of rules and regulations that serve as guidance on the registration and operational requirements of drones, in order to maintain the highest possible level of safety;

WHEREAS, Naga City, being a bustling center of commerce, culture, and socio-economic activities, regularly hosts significant public gatherings and events that draw large congregations of people, thereby posing challenges to peace and order as well as public safety and security;

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City of Naga in session assembled, that:

SECTION 1. TITLE. This Ordinance shall be known as the “Drone Regulation and Safety Ordinance of the City of Naga.”

SECTION 2. DECLARATION OF POLICY. It is the policy of the City Government of Naga to ensure that drone operations within its jurisdiction adhere to the guidelines and issuances of duly constituted authorities, particularly the Civil Aviation Authority of the Philippines (CAAP), to promote safety, security, and privacy for the benefit of its constituents.

SECTION 3. DEFINITION OF TERMS.

For purposes of this Ordinance:

a) Drone – any unmanned aerial vehicle (UAV), remotely piloted aircraft system (RPAS), or any similar device that is capable of flight and is used for any commercial, recreational, or other purposes.

b) Operator – any person or entity who controls, operates, or uses a drone.

c) Remote Pilot License – an international term referring to a license that allows an individual or organization to fly remotely piloted aircraft (RPA) in certain circumstances, such as commercial operations or when flying outside of standard safety rules.

d) Remotely Piloted Aircraft Controller Certificate (RPACC) – a Philippine-specific RPL certification issued by the Civil Aviation Authority of the Philippines (CAAP) that is required for individuals who:
(a) intend to operate their drones commercially; or
(b) operate drones weighing seven (7) kilograms and above.

e) No-Fly Zone – areas within the territorial jurisdiction of the City of Naga declared as prohibited for drone operations due to safety, security, privacy, or public welfare reasons.

f) Registered Drone – a drone that has been duly registered with the authorized local government office or agency.

g) Authorized Drone – a registered drone that has received a written authorization, permit, or clearance to operate in specified areas including no-fly zones, as allowed under specific conditions.

h) Emergency Use – drone operations conducted by government agencies for disaster response, law enforcement, emergency medical services, search and rescue, or other urgent public safety purposes.

i) Commercial Use – drone operations conducted for business purposes, including but not limited to aerial photography, surveying, delivery of services, real estate marketing, or any activity generating revenue.

j) Recreational Use – drone operations conducted for personal enjoyment, hobby purposes, or non-commercial activities.

SECTION 4. COVERAGE. This Ordinance shall apply to all drone operations within the territorial jurisdiction of the City of Naga.

SECTION 5. REGISTRATION AND AUTHORIZATION REQUIREMENTS.

a) All drones operated within the City of Naga shall be registered with the City Government through the City Treasurer’s Office – Business Permits/Licensing Division.

b) Coordination with National Requirements. Registration with the City Government shall be in addition to, and coordinated with, CAAP requirements under PCAR Part 4 for applicable drones. The city registration system shall complement national aviation regulations and facilitate information sharing with relevant national agencies.

c) No person shall operate or deploy any drone unless it is registered and, if applicable, authorized to fly in specific areas, especially near restricted or sensitive zones.

d) Operators must secure prior written authorization from the City Government before flying drones in or near any declared no-fly zones.

e) Registration of drones shall be received and processed during office hours by the Public Safety Office (PSO) prior to endorsement for approval by the Office of the City Mayor.

f) Documentary requirements for registration of drone device:

i. ID of the operator with visible address;

ii. Drone specifications (make, model, serial number, and color);

iii. For commercial drones, photocopy of the operator’s RPACC.

g) Emergency Operations Exception. Government agencies conducting emergency operations may operate drones without prior authorization but must notify the City Administrator’s Office within twenty-four (24) hours and provide operational reports within seventy-two (72) hours of operation completion.

SECTION 6. DECLARATION OF NO-FLY ZONES. The City Government declares no-fly zones within the city limits, which, unless allowed by this Ordinance or authorized by the City Government, shall include the following:

1. Government Buildings and Facilities, including but not limited to:

• Naga City Hall Complex and its adjacent government offices;
• Naga City Police Office (NCPO), including Police Stations 1 to 6, City Mobile Force Company, Traffic Enforcement Unit, Mobile Patrol Unit; Bureau of Fire Protection (BFP); and other law enforcement or security facilities;
• Regional Trial Courts, City Prosecution Office, and Hall of Justice;
• Detention facilities, including the Naga City District Jail Male and Female Dormitories, their related facilities, and other correctional centers.

2. Critical Infrastructure and Utilities, such as:

• Power generation and distribution facilities, substations, and transmission lines (e.g., Naga Power Plant and related installations);
• Water supply systems, pumping stations, and reservoirs operated by the Metropolitan Naga Water District (MNWD);
• Communication towers, broadcast transmitters, and data centers;
• Transportation hubs, including the Naga Airport (as covered by CAAP airspace regulations) and Bicol Central Station.

3. Educational Institutions and Hospitals, including:

• All public and private schools, universities, and colleges;
• Hospitals, medical centers, and clinics such as the Bicol Medical Center (BMC), Mother Seton Hospital, and other licensed health facilities.

4. Places of Worship and Religious Sites, including:

• The Basilica Minore and its surrounding complex during religious events;
• Metropolitan Naga Cathedral, Peñafrancia Shrine, Carmelite Monastery, and other major churches and religious sites.

5. Public Parks, Plazas, and Recreational Areas, such as:

• Plaza Rizal, Plaza Quince Martires, and Plaza Quezon;
• Naga City People’s Mall, sports complexes, and other open public gathering spaces, especially during public events, parades, and festivals.

6. Event or Crowd-Dense Areas.
Any location where a mass gathering, public event, or procession is taking place, including but not limited to the Peñafrancia Festival route, parades, rallies, concerts, or civic activities, unless expressly authorized by the City Government and coordinated with law enforcement.

7. Emergency and Disaster Operation Zones.
Areas where disaster response, firefighting, rescue, or emergency medical operations are ongoing, as identified by the City Disaster Risk Reduction and Management Office (CDRRMO), Public Safety Office (PSO), or Naga City Police Office (NCPO).

8. Private Properties without Consent.
Private residential, commercial, or institutional premises where the owner or lawful occupant has not given consent for drone operations, particularly for surveillance or photography.

The City Government shall coordinate with CAAP, NCPO, and PSO to identify and designate these zones and shall inform the public through official platforms, including the city’s official website and social media pages.

a) Temporary or Special No-Fly Zones. The City Mayor, through the Public Safety Office (PSO) and in coordination with CAAP and law enforcement agencies, may declare temporary or event-specific no-fly zones for reasons of public safety, emergency operations, or special events. Such declarations shall be made known through official announcements and available communication channels.

b) Publication and Information Dissemination. The City Government shall publish an official Drone Operations Map identifying all no-fly zones within Naga City. This map shall be made accessible to the public through:

• The official Naga City website and social media platforms;
• Notices posted at the City Hall, PSO, NCPO, and barangay halls; and
• Coordination with drone operator associations, event organizers, and the general public.

SECTION 7. PROHIBITED ACTS. It shall be unlawful for any person, natural or juridical, to commit any of the following acts within the territorial jurisdiction of the City of Naga:

a) Operation of Unregistered or Unauthorized Drones.
Flying, operating, or deploying any drone that has not been duly registered with the CAAP and/or the City Government of Naga, or without the required authorization to operate in restricted or designated areas.

b) Unauthorized Operation within No-Fly Zones.
Flying or deploying a drone in any area declared as a no-fly zone by the City Government, or within any radius prohibited by CAAP or relevant authorities, without prior written authorization or permit.

c) Reckless or Negligent Operation.
Operating a drone in a careless or hazardous manner that endangers the safety of persons, property, or other aircraft; interferes with vehicular or pedestrian traffic; or obstructs emergency, rescue, or law enforcement operations.

d) Invasion of Privacy and Unauthorized Surveillance.
Using a drone to capture images, record videos, or collect data of any person, residence, or private property without consent, or in a manner that violates Republic Act No. 10173 (Data Privacy Act of 2012), Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act of 2009), or other relevant privacy and security laws.

e) Interference with Emergency or Government Operations.
Operating a drone that obstructs, distracts, or interferes with ongoing law enforcement, disaster response, firefighting, search and rescue, or other official government operations.

f) Equipping Drones with Dangerous or Prohibited Attachments.
Attaching to or carrying by drone any object, substance, or payload that is hazardous, flammable, explosive, or otherwise endangers life, health, or property.

g) Operating While Under the Influence.
Controlling or piloting a drone while under the influence of alcohol, drugs, or any substance that impairs physical coordination or judgment.

h) Tampering with Seized or Confiscated Drones.
Interfering with, removing, or attempting to retrieve any drone that has been lawfully seized or impounded under this Ordinance without proper authorization from the City Government.

i) Failure to Present Documentation.
Refusing or failing to present upon demand the necessary registration, permit, or authorization documents when requested by authorized enforcement personnel.

j) Other Acts in Violation of National Laws or Regulations.
Committing any act related to drone operation that contravenes existing rules, circulars, or directives of the CAAP or other competent authorities.

SECTION 8. PENALTIES. Any person who violates any provision of this Ordinance shall, upon conviction, be penalized as follows:

a) For the first offense, a fine of Three Thousand Pesos (₱3,000.00) and confiscation of the drone device;

b) For the second offense, a fine of Five Thousand Pesos (₱5,000.00) and confiscation of the drone device;

c) For the third and subsequent offenses, a fine of Five Thousand Pesos (₱5,000.00), confiscation of the drone device, and possible imprisonment of not less than five (5) days but not more than thirty (30) days as the Court may decide;

d) Additional penalties may be imposed for violations of other applicable laws such as privacy and data protection laws.

SECTION 9. SEIZURE AND CONFISCATION. Drones found to be operating in violation of this Ordinance may be seized by the City Government or its authorized representatives. The operator or owner shall be responsible for all costs associated with the storage and safekeeping of the confiscated drone.

A. Procedural Safeguards:

• Immediate notice of confiscation with receipt and violation description;
• Fifteen (15)-day period for owner response and request for hearing;
• Formal administrative hearing with the right to present evidence;
• Written decision stating the findings and appeal procedures;
• Thirty (30)-day appeal period to the appropriate courts.

B. Coordination with CAAP.
The City Government shall notify CAAP of all seizures and confiscations conducted pursuant to this Ordinance and shall, upon request, transmit relevant reports or inventories for record-keeping and verification.

SECTION 10. IMPLEMENTING RULES AND REGULATIONS (IRR). The City Mayor, through the Naga City Police Office (NCPO), Public Safety Office (PSO), City Legal Office (CLO), and City Treasurer’s Office (CTO), shall promulgate the necessary rules and regulations for the effective implementation of this Ordinance within sixty (60) days from its effectivity.

IRR Requirements. The implementing rules shall address, among others:

• Registration procedures;
• Coordination protocols with CAAP and national agencies;
• Enforcement procedures and training requirements;
• Public education and awareness programs;
• Emergency operation authorization procedures;
• Appeals and dispute resolution mechanisms.

SECTION 11. ENFORCEMENT STRUCTURE.

Lead Implementation Agency. The City Administrator’s Office shall serve as the lead coordination body for the implementation of this Ordinance.

Specific Office Assignments:

• City Treasurer’s Office (CTO): Drone registration and permit issuance;
• Public Safety Office (PSO): Primary enforcement and response to violations;
• City Engineer’s Office: Handling technical violations near or involving critical infrastructure;
• City Legal Office (CLO): Coordination with national agencies and handling legal proceedings;
• Barangay Officials: First-level complaint reception and initial violation assessment Barangay Integration: Barangay officials are authorized to receive complaints, conduct initial investigations, and issue temporary cease-and-desist orders pending city office review, subject to training and certification by the city government.

SECTION 12. FUNDING AND EQUIPMENT ACQUISITION. The City Government shall endeavor to acquire equipment that can neutralize or capture unauthorized drones in flight, especially if assessed as an imminent and clear threat to the safety or security of people, facilities, and properties.

SECTION 13. COMMERCIAL AND RECREATIONAL DISTINCTIONS.

A. Commercial Operations: Commercial drone operators shall comply with additional requirements including:

• Professional liability insurance coverage;
• Operator certification and training documentation;
• Flight planning and notification procedures;
• Client notification and consent protocols.

B. Recreational Operations: Recreational drone users shall follow simplified registration procedures but must comply with all safety and privacy provisions of this Ordinance.

C. Educational and Non-Profit Exemptions: Educational institutions and registered non-profit organizations may apply for fee waivers or reduced registration rates, subject to compliance with all operational requirements.

SECTION 14. DRONE ADVISORY COMMITTEE. The IRR shall establish a Drone Advisory Committee composed of representatives from:

• Business community and commercial operators;
• Academic and research institutions;
• Civil society organizations;
• City government departments;
• Aviation and technology experts.

The Committee shall review the implementation of this Ordinance annually and recommend updates to maintain alignment with technological developments and city development goals.

SECTION 15. SEPARABILITY CLAUSE. If any part or provision of this Ordinance is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

SECTION 16. REPEALING CLAUSE. All ordinances, rules, and regulations inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 17. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation within the City of Naga.

ENACTED: December 4, 2025

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GABRIEL H. BORDADO JR.
City Vice Mayor & Presiding Officer

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

APPROVED:

MARIA LEONOR G. ROBREDO
City Mayor