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Question
A city sanggunian enacts Ordinance No. 2024-07, the Drone Control Ordinance, which prohibits the take-off, flight, or landing of any unmanned aerial vehicle (drone) over city airspace unless a permit is issued by the city mayor; the ordinance imposes a fine and seizure of equipment for violations. The mayor signs the ordinance. A resident challenges the ordinance in a petition for certiorari, arguing that the city government lacks authority to regulate airspace and that the ordinance conflicts with national aviation laws that require permits to operate drones granted by a national regulator. Discuss whether Ordinance No. 2024-07 is intra vires or ultra vires. In your answer, (a) identify the controlling doctrine or rules governing local legislation; (b) distinguish the controlling rule from related concepts; and (c) apply the doctrine to the facts to determine the validity of the ordinance and the effect on third parties, including possible remedies.