WHEREAS, Unmanned Aerial Vehicle (UAV) or Remotely Piloted Aircraft System (RPAS) or commonly known as drone, by their nature, can be used as a tool for gathering information via recording or photographs and there is a growing use of drones today and its areas of applications have expanded overtime;
WHEREAS, drones could be used in transporting illegal drugs, deadly weapons, and other contraband, as well in the surveillance of jail, police facilities and fire department premises, which could very well compromise the safety and security of the jail, police and fire department facilities;
WHEREAS, under Philippine Civil Aviation Rules 11 and Civil Aviation Authority of the Philippines (CAAP) 21-14, no person may operate a small UAV or RPA in a populous area. Jail and detention facilities are not only considered populous and congested but might also compromise public safety and security;
WHEREAS, the Bureau of Jail Management and Penology (BJMP), pursuant to regulations issued by the Civil Aviation Authority of the Philippines (CAAP), prescribed a standard operating procedure on the detection, prevention and handling of Remotely Piloted Aircraft System (RPAS) or Unmanned Aerial Vehicle (UAV), aimed at maintaining the safety and security of jail, police and fire department facilities of this City;
WHEREAS, Section 16 of Republic Act No. 7160 or otherwise known as the “Local Government Code of 1991” states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare of the people within its territorial jurisdiction, and the public in general;
WHEREAS, the Sangguniang Panlungsod, as a legislative body of the City Government of San Juan, is mandated to enact ordinances and approve resolutions that shall maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder and violence including the maintenance of jail and detention centers, institute a sound jail management program; and
WHEREAS, the enactment of this Ordinance will promote peace and order, enhance the physical security of the jail, police and fire department facilities and guarantee the safety and security of this City and the constituents;
NOW THEREFORE BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan, Metro Manila, in a session duly assembled that:
SECTION 1. TITLE- This Ordinance shall be known as “An Ordinance Prohibiting Drone Operations within One Hundred (100) meters radius from the Jail, Police and Fire Department Facilities, providing penalties for violation thereof, and for other purposes”.
SECTION 2. PURPOSE- This Ordinance is enacted to ensure and promote public health, safety and security by prohibiting the operation of drones within one hundred (100) meters radius from jail, police and fire department facilities within the territorial jurisdiction of the City of San Juan.
SECTION 3. DEFINITION OF TERMS- As used in this Ordinance, the following terms shall be construed to mean as follows:
a. Unmanned Aerial Vehicle (UAV) commonly known as drone- is an aircraft without a human pilot aboard. UAVs are a component of an Unmanned Aircraft System (UAS), which includes the UAV, a ground-based controller, and a system of communications between the two. The flight of UAVs may operate without various degrees of autonomy either under remote control by a human operator or autonomous by onboard computers.
b. Jail facilities- a place of confinement of people accused or convicted of a crime.
c. Professional Drone User- any person or group of people who used drones for the purpose of business or profession, regardless of profit or not.
d. Hobbyist Drone User- any person or group of people who used drones for recreational purposes without earning profit thereof.
SECTION 4. SCOPE- This Ordinance shall apply to all persons, who shall willfully operate drone within 100 meters radius of jail, police and fire departmentfacilities in the City of San Juan.
SECTION 5. EXEMPTION- This Ordinance shall not cover law enforcement agencies, emergency management offices and those duly authorized by the LGU with coordination to the Jail Management, PNP and BFP.
SECTION 6. PENALTIES- Violation to the provisions of this Ordinance shall be meted the following penalties:
a. FIRST OFFENSE- A fine of Two Thousand Pesos (Php 2,000.00)
b. SECOND OFFENSE AND SUBSEQUENT OFFENSES- A fine of Three Thousand
(Php 3,000.00) or imprisonment for a period of more than three (3) months but not exceeding six (6) month or both such fine and imprisonment at the discretion of the court.
If it can be proven that the drone was used for illegal activities, gathering confidential and sensitive information or other unlawful purposes, the said drone shall be confiscated.
The violation of this Ordinance shall be in addition to or without prejudice to the filing of other criminal complaint for violation of the Revised Penal Code or Other Special Penal Laws.
SECTION 7. IMPLEMENTING AGENCY- The Philippine National Police (PNP) and Public Order and Safety Office (POSO), City Government of San Juan,the responsible officer in the barangay which has territorial jurisdiction over the jail detention, police and fire department facilities, together with the BJMP, PNP and BFP personnel, shall ensure the strict and faithful enforcement or implementation of this Ordinance.
The Jail Management shall cause the posting o the sign “DRONE NO FLY ZONE WITHIN 100 METERS FROM JAIL, POLICE AND FIRE DEPARTMENT FACILITY” conspicuouslyoutside of the jail, police and fire department facility.
SECTION 8. IMPLEMENTING RULES AND REGULATIONS (IRR) – The PNP, POSO, representatives from barangay who has a jail and detention facility within its territorial jurisdiction and the BJMP shall formulate the necessary IRR of this Ordinance within sixty (60) days from the approval of this Ordinance and the same shall immediately be transmitted to the Office of the City Mayor for approval.
SECTION 9. GUIDELINES IN SECURING PERMIT FOR THE OPERATION OF DRONES.
a) Any person or group of people, whether professional or hobbyist drone users, who want/s to use or operate drone/s within or near the jail and detention facility, PNP and Fire Department should first secure an authority or permit to the Office of the City Mayor.
b) The authority or permit shall provide the exact date and time of the intended activity which shall only be for a limited period
c) Likewise, the authority or permit shall also indicate the complete names, address, contact details of the owner and serial number of the drone/s.
d) The authority or permit shall be presented to the BJMP, PNP Or BFP personnel prior to the date and time of activity.
e) Failure of the applicant to use the said authority or permit within the prescribed date and time shall automatically revoke such authority and shall require new authority or permit bearing the new date and time.
SECTION 10. SEPARABILITY CLAUSE – If for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
SECTION 11. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance are hereby repealed and/or modified accordingly.
SECTION 12. The authority, issuance, and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules, and regulations.
SECTION 13. EFFECTIVITY – This Ordinance shall take effect upon approvaland after publication in a newspaper of general circulation.