Republika ng Pilipinas

LALAWIGAN NG ILOCOS SUR

Vigan City
TANGGAPAN NG SANGGUNIANG PANLALAWIGAN
(Office of the Sangguniang Panlalawigan)
_________________________________________________________
AN ORDINANCE REGULATING THE KITE-FLYING NEAR NATIONAL
HIGHHWAYS, THOROUGHFARES AND POWER AND TELECOMMUNICATION
LINES IN THE PROVINCE OF ILOCOS SUR AND PROVIDING PENALTIES
THEREOF

AUTHORED BY:
HON. CONSTANTE OANDASAN

CO-AUTHORED BY:
HON. JANINA CARINE MEDINA-FARINAS
HON. BENJAMIN N. MAGGAY
HON. PABLITO F. SANIDAD, JR.

Explanatory Note
WHEREAS, Article 2, Section 5 of 1987 Constitution provides that the maintenance of
peace and order, the protection of life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of democracy;
WHEREAS, it is the avowed policy of the Local Government Unit (LGU) under Section 16
of the Local Government Code of 1991 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;

WHEREAS, kites getting entangled with power and telecommunication lines and facilities
result in flash-over on the power lines and sub-stations, thereby causing power interruptions
to consumers, straining and damaging electrical assets, causing accidents, injuries and loss of
life;

WHEREAS, on September 20, 2020, while Benedict Tipon Paiste, a resident of Barangay
An-annam, Bantay, Province of Ilocos Sur, was traversing along the Diversion Road of
Barangay Cabalangegan, Vigan City, the falling string of a kite slit his throat causing him
dead on the Spot;

WHEREAS, by regulating the act of flying kites near National Highways, Power and
Telecommunication Lines and imposing the appropriate corresponding penalties therefor,
people will be forewarned of the consequences of such act, thereby serving as a deterrent to
future wrongdoings that could cause danger, injury or alarm to persons, animal or damages to
property;

WHEREAS, this specifically prevents incidents of children electrocution when their kite
lines get entangled with electric wires or accidents for flying their kites along roads,
unmindful of passing vehicles;

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WHEREAS, the Provincial Governmet of Ilocos Sur recognizes the need to introduce
stringent policies and legislative measures to prevent and reduce the number of kite-flying
related fatalities in the Province;

NOW, THEREFORE, on motion of Hon. Constante T. Oandasan, duly seconded, BE IT

ENACTED by the Sangguniang Panlalawigan of the Province of Ilocos Sur, in session
assembled that:
Section 1.TITLE. This Ordinance shall be known as “Kite Flying Ordinance of the
Province of Ilocos Sur”.
Section 2. DECLARATION OF POLICY. It is the policy of the Provincial Government to
regulate kite-flying near national highways, and power and telecommunication lines as a
measure to promote public safety with primordial end-goal of valuing and saving lives and
preventing damages to property.

Section 3. SCOPE AND COVERAGE. This Ordinance shall cover all persons who do the
act of flying kites near national highways, and power and telecommunication lines within the
territorial jurisdiction of the Province of Ilocos Sur.

Section 4. DEFINITION OF TERMS- As used in this Ordinance, the following terms

shall mean: 

a. Kite Flying- the flying of a kite at a place specifically designated in this Ordinance,
as a form of sport or recreation;
b. Thoroughfares– a main road in a town or city which usually has a business
establishment and commercial operations are conducted along it.
c. National Highways- A public road, particularly an important road that links towns,
municipalities, or cities together.
d. Power lines – transmission lines, distribution lines, and generation dedicated point to
point lines, and other connection assets including the poles and panels and towers
used to support the lines, and other related facilities constructed or erected used for
the conveyance of electricity.
e. Telecommunication lines - means any wire, cable, tube, pipe or other similar thing
which is designed or adapted for use in connection with the operation of a
telecommunication system or a radio-communication apparatus with any casing,
coating, tube or pipe enclosing the same and any appliances and apparatus connected
therewith for the same; and includes any structure, post or other thing in, by or from
which any telecommunication and radio-communication apparatus is or may be
installed, supported, carried or suspended;

Section 5. PROHIBITED ACTS. It shall be prohibited, and it is unlawful for any person
within the territorial jurisdiction of the Province of Ilocos Sur to:

a. Fly or cause the flying of kite/s near public roads of the Province of Ilocos Sur which
may block passers from using it;
b. fly or cause the flying kite/s when there are power and/or telecommunication lines,
telephone lines and other similar wiring connections.
c. Encourage, abet, or support any or both of the above acts of flying a kite or kites.

Section 6. PENALTIES. Any Violation of this Ordinance, particularly Section 5 hereof

shall be meted with the following penalties:
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 First Offense- a fine of Php 1,000.00.
Second Offense- a fine of Php 3,000.00; and
Third Offense- a fine of P5, 000.00.

In case of a minor, no penalty shall be imposed on the minor for violation of this
Ordinance pursuant to Republic Act No. 9344 as amended by Republic Act No. 10630.
However, the parent of the minor shall be punished with regards to the act mentioned in the
preceding article, without prejudice to the minor undergoing a proper intervention program
being implemented by City/Municipal Social Welfare and Development Office of the
City/Municipality where the minor resides.

The parent of a minor shall also be responsible for the damage/s caused by the minor
in violation of this Ordinance in accordance with Article 2180 of the Civil Code of the
Philippines.

Section 7. SEPARABILITY CLAUSE. In the event or if for any reason, any part or section
of this Ordinance is declared invalid, the rest of it which are not so declared shall remain
valid, binding and of full force and effect.
Section 8. REPEALING CLAUSE. All ordinances, orders, provincial executive orders,
rules and regulations and similar issuances inconsistent with this Ordinance or any of its
provisions are hereby amended, repealed or modified accordingly.
Section 9. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days
after its publication in a newspaper of general circulation in the Province of Ilocos Sur.
APPROVED.