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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

SENATE RECEIVED 2 ~P
S. B. No. _1723 (

18 MR-5 P3227

Introduced by Senator Aquilino “Koko” Pimentel II

AN ACT
REGULATING THE OWNERSHIP AND OPERATION OF
DRONES BY PRIVATE PERSONS

EXPLANATORY NOTE

Over the last two decades, the use of unmanned aerial vehicles or
“drones” has proliferated in various sectors of society. Drones are used
for amateur photography, to increase crop production, and to conduct
surveillance for military and law enforcement agencies.

With this ubiquity comes the need for regulation. The same drones
that are used for recreational and commercial purposes may be used to
violate rights, exploited by terrorists, or pose a hazard to aircraft. In the
interest of safeguarding the public, passage of this measure is earnestly

KYA S
AQUILINO “KOKO” PIMENTEL HI

sought.



16

Othe ofthe Secretary

SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

SENATE RECEIVE, 4
S.B. No. 1723

“18 HAR -5 P3227

Introduced by Senator Aquilino “Koko” Pimentel III

AN ACT
REGULATING THE OWNERSHIP AND OPERATION OF
DRONES BY PRIVATE PERSONS

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.

Section 1. Declaration of Policy. - \t is the policy of the State to
regulate the ownership and operation of drones by private persons in
order to ensure public safety.

Sec. 2. Coverage. - This Act shall regulate only drones as defined
herein, purchased, owned, and operated by private persons, whether used
for hobbyist or commercial purposes. The use of drones by the
Government shall not be subject to this Act.

Sec. 3. Definition of Terms. - As used in this Act, the following
terms shall mean:

(1) “Drone” shall refer to an unmanned aerial vehicle (UAV) or
any component of an unmanned aerial system (UAS) that has no
pilot and is controlled by an operator on the ground. The Civil
Aviation Authority of the Philippines (CAAP) is authorized by
this Act to classify drones into types for the purpose of
regulation.

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(2) “Private persons” shall refer to natural or juridical persons not
employed by or part of the Government.

(3) “Commercial drone use” is any use of a drone in connection
with a business or profession for the sake of profit, whether the
profit is the primary purpose of the drone use or merely an
incidental result.

(4) “Hobbyist drone use” is the use of drones for recreational
purposes where no profit is made from the use of drones.

Sec. 4. Registration and Permit to Operate. - All drone owners,
whether the drones are for hobbyist or commercial use, are hereby
required to periodically register their drones with the CAAP’s Public
Safety and Security Command Center.

Only a registered commercial drone owner may apply for a permit
to operate, which shall be issued periodically only upon proof that the
owner:

(1) Qualifies for a radio operator’s certificate of proficiency;

(2) Has been awarded a passing rating in an aviation license theory
examination;

(3) Has completed a training course in the operation of the type of
drone that will be operated;

(4) Has at least five (5) hours of experience operating drones
outside of controlled airspace;

(5) Has valid insurance over the drone; and
(6) Has not incurred any violations for drone ownership or use in

the five (5) years immediately preceding an application for
permit.

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The operator’s permit to operate shall cover all registered drones of
the same type.

The CAAP is hereby authorized to collect reasonable fees for the
registration of drones and processing of permits to operate the drones.

See. 5. Establishment of No-Drone Zones. - The CAAP is hereby
authorized to prohibit the use of drones, whether hobbyist or commercial
or both, in any part of the Philippines, whether permanently or for a
designated period of time, subject to notice that must be published in at
least two (2) newspapers of national circulation. The notice must clearly
delineate the no-drone zone and must be published at least three (3)
weeks prior to the effectivity of the prohibition. Notice can only be
foregone in emergency situations, as determined by the CAAP.

This power is without prejudice to the power of other government
agencies to regulate airspace, particularly in emergency situations that
may require the establishment of no-fly zones.

See. 6. General Safety Regulations and Restrictions on Drone
Usage. - The CAAP shall periodically update and publish safety
regulations and restrictions on drone usage, the violation of which shall
be basis for revocation of the permit to operate and confiscation of the
drone, without prejudice to the penalties provided in this Act and any
civil or criminal suits that may be filed as a result of the violation. These
safety regulations and restrictions shall include:

(1) Requiring all drones, whether for hobbyist or commercial use,
to be clearly marked with the name, contact number, and
address of the owner;

(2) Prohibiting the use of drones as a means to violate constitutional
rights, including the right to privacy;

(3) A prohibition on flying drones above four hundred (400) feet;

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(4)

(5)

(6)

(7)

(8)

(9)

(10)

A prohibition on flying drones near other aircraft, particularly
near airports;

Allowing drone operation only during daylight hours and in
good weather, subject to exceptions to be crafted by the CAAP;

The prohibition on flying drones over groups of people, public
events, or stadiums full of people, subject to exceptions to be
crafted by the CAAP;

The prohibition on flying drones near emergencies, such as
fires;

The prohibition on flying drones under the influence of drugs or
alcohol;

For recreational drone use, requiring an operator to keep the
drone within the operator’s line of sight; and

Other regulations as the CAAP may see fit to introduce in the
interest of public safety, such as further restrictions on types of
drones as classified by the CAAP.

Sec. 7. Penalties. Failure to register a drone shall result in the
confiscation of the drone.

Operating a drone for commercial purposes without a permit shall
result in the confiscation of the drone and a fine of not less than Fifty
Thousand Pesos (PhP50,000.00) but not more than One Hundred
Thousand Pesos (PhP 100,000.00).

Any violation of the general safety regulations and restrictions on
drone usage shall result in a fine of not less than One Hundred Thousand
Pesos (PhP 100,000.00) but not more than Five Hundred Thousand Pesos
(PhP500,000.00), without prejudice to any separate civil or criminal
charges that may be brought against the drone owner and/or operator for
any injury or damage resulting from the violation.

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See. 8. Implementing Rules and Regulations. - The CAAP shall
issue the necessary rules and regulations for the effective
implementation of this Act not later than three (3) months from the
effectivity of this Act.

Sec. 9. Retroactivity Clause. - This Act shall have retroactive
effect. All drone owners who have not yet registered their drones or
obtained permits to operate their drones are given three (3) months from
the effectivity of the Implementing Rules and Regulations of this Act to
register and obtain permits without fear of sanction.

See. 10. Separability Clause. - If any portion or provision of this
Act is declared void or unconstitutional, the remaining portions or
provisions of this Act shall not be affected by such declaration.

See. 11. Repealing Clause. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 12. Effectivity Clause. - This Act shall take effect fifteen
(15) days after its complete publication in at least two (2) newspapers of

general circulation.

Approved,

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