Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS.
First Regular Session

House BillNo._ 1201

EXPLANATORY NOTE

The proliferation of billboards cluttering our cityscape, and the inherent and acquired
danger it poses to life and safety remains to be a relevant and urgent issue we must
address the soonest. Although almost a year now when the country experienced the
perilous effects of giant billboards standing against typhoon winds, the said tragic plight
that resulted to the death of some might happen again unless a more effective and
appropriate police power regulation with stiffer penalty is enacted

Notwithstanding the right of the public to information and the right of billboard
operators to enter into a contract, still the billboard industry must be regulated in view
of the more compelling duty of the State to protect the welfare and safety of its citizens.

Jurisprudence maintains that a law enacted in the exercise police power to regulate
or govern certain activities and transactions could be given retroactive effect and may
reasonably impair vested rights or contracts, and is applicable not only to future
contracts, but equally to those already in existence. In deed, non-impairment of
contracts and vested rights clauses will have to yield to the superior and legitimate
exercise by the State of the police power.

In view of the foregoing, approval of this bill is earnestly sought.

Moe (econ
MARCELINO R. TEODORO

Representative, 1" District
City of Marikina



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS.
First Regular Session

House BillNo,_ 1201

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO.

AN ACT
REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF
BILLBOARDS AND FOR OTHER PURPOSES.

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

Section 1. Short Title - This Act shall be known as the “Billboard Regulation
Act of 2013.”

Sec. 2. Declaration of Policy — It is a declared policy of the State to safeguard life,
health, property, and public welfare, consistent with the principles of environmental
management and control; and to this end, make it the purpose of this Act to regulate
the construction and installation of billboards and other similar structures.

Sec. 3. Definition of Terms -. For purposes of this Act, the following term shall
have the corresponding meaning:

(a) “Air Right” means the right to legally exploit, make use of and benefit from the air
space above the roads, right-of-ways, legal easements or any private/public property.

(b) “Billboard” means an illustration, identification, description, or device affixed to or
represented directly or indirectly upon a building, structure, or land, which is permanent
in character and which directs attention to a product, place, activity, person, institution
or business.

(b) “Off-Premise Billboard/Sign” means a commercial billboard which focuses the
attention of the public to the business or activity conducted or product or service sold or
offered at a location not on the same premises where such business sign is located.

(c) “DILG” means Department of Interior and Local Government

(d) “DPWH" means the Department of Public Works and Highways.

(e) “DOT” means the Department of Tourism.

(f) “DOTC” means the Department of Transportation and Communication

(g) “MMDA” means the Metropolitan Manila Development Authority.

(h) “NBC” means the National Building Code.

(i) “Official Sign” means the informative or directional signage of DOT and other
departments and/or subdivisions of the government, including infrastructure project

announcements that are installed under the authority of the National Government or
any local government units for purposes of public service.


(j) "Overhead conductor" means any electrical conductor, either bare or insulated,
installed above the ground except such conductors as are enclosed in an iron pipes or
other material covering of equal strength.

() “Signs” means any form of advertisement, poster or placard which is temporary in
character and smaller in dimension than a billboard, and which is placed and installed
ina public place.

Sec. 4. Regulation of Off-Premise Billboards and Signs - Upon the effectivity of
this Act, billboard, sign or other similar structure may be constructed, erected or
installed only when compliant with the following rules:

1. No billboards and signs shall be erected in such a manner as to confuse
or obstruct the view or interpretation of any official traffic sign signal or
device.

2. No billboards and signs shall be constructed as to unduly obstruct the
natural view of the landscape, distract or obstruct the view of the public
as to constitute a traffic hazard, or otherwise defile, debase, or offend the
aesthetic and cultural values and traditions of the Filipino people.

3. No billboard shall be erected on any structure or portion thereof found
within the roads, right-of-ways, legal easements and the like. The air
rights over such right-of-way and legal easements shall not be availed of
for the purpose of erecting billboards and signs.

4, Election-related signs showing the names and/or pictures of candidates
shall not be placed or installed over or across roads, right-of-ways, legal
easements and the like, unless otherwise permitted or authorized by law
or existing regulations.

5. All billboards, together with all of their supports, braces, guys and
anchors, shall be kept in repair and in proper state of preservation. The
display surfaces of all signs shall be kept neatly painted or posted at all
times.

6. Billboards and signs, and their structures shall be designed and
constructed to resist wind gusts of at least two hundred fifty (250)
kilometers per hour and seismic force of magnitude seven (7) on the
Richter scale. All bracing systems shall be designed and constructed to
transfer lateral forces to the foundations.

7. Billboards and signs shall not exceed fifty (50) feet in height. This
distance shall be measured from ground level at the base of the support
system to the highest point of the billboard.

8. No two billboards located on the same side of a public street or road with
four (4) or more lanes shall be spaced less than two thousand (2,000)
feet apart. When billboards or signs are located on the same side of
public streets or roads with less than four lanes, the spacing shall be no
less than one thousand (1,000) feet apart.

Nor shall any billboard be located within a one thousand foot (1,000 ft.) radius of any
other billboard even though the two billboards are on different streets. This distance
shall be measured along a straight line between the two nearest points of the signs.
The minimum spacing requirement shall not apply to two panels viewed from different
directions which share a common support structure.

9. No billboard shall exceed three hundred square feet (300 sq. ft.) in total
surface display area.


10.No billboards or signs shall be erected without complying with the
required setback prescribed by the applicable local government unit
zoning regulations.

1

For billboards or signs on buildings, the dead and lateral loads shall be
transmitted through the structural frame of the building to the ground in
such manner as not to overstress any of the elements thereof. The
overturning moment produced from lateral forces shall, in no case,
exceed two-thirds of the dead-load resisting moment.

Uplift due to overturning shall be adequately resisted by proper anchorage to the
ground or to the structural frame of the building. The weight of earth superimposed
over footings may be used in determining the dead-load resisting moment. Such earth
shall be carefully placed and thoroughly compacted.

12.The supports for all billboards, signs, and their structures placed in or
upon private property shall be securely built, constructed, and erected in
conformity with the requirements of the National Building Code (NBC).

13. Materials of construction for billboards, signs and sign structures shall be
of the quality and grade as specified in the NBC.

14. All billboards, signs and sign structures erected in highly restrictive fire
zones shall have structural members of incombustible materials. Ground
signs may be constructed of any material meeting the requirements of the
NBC. Combination signs, roof signs, walls signs, projecting signs, and
signs on marquees shall be constructed of incombustible materials. No
combustible materials other than approved plastics shall be used in the
construction of electric signs.

15. No part of a billboard or sign shall be constructed or erected on any
private or any proprietary property of the government without the consent
of the property owner or lawful possessor or authorized representative
and without the approval of the DPWH.

16. No billboards shall be erected or installed above the roof of any building
and structure if found violative of the NBC.

17. Billboard or sign shall not be made of reflective materials that can
redirect light towards adjacent buildings and structures, neither shall it be
made with oscillating and fluctuating light that may produce unwanted
glare.

18. No billboard shall be constructed on a lot where it obscures or shades
the windows or doorways of adjacent buildings

19. No billboards, signs or signs structure shall be erected in such a manner
that any portion of its surface or supports will interfere in any way with the
free use of any fire escape, exit, or standpipe.

20.No billboards or signs shall obstruct any opening to such an extent that
light or ventilation is reduced to a point below that required by this Code.

21. Signs shall be located not less than 1.80 meters (6 feet) horizontally or
3.60 meters (12 feet) vertically from overhead electrical conductors which
are energized in excess of 750 volts.

22. No billboard structure shall be built with an overhang. All billboard
structures shall from the ground up, have the same size as its base.


23. No billboard or sign shall be erected or installed within a one thousand
(1,000) feet circumference of the nearest property line of any of the
following:

(a) historic site;
(b) school;

(c) church;

(d) hospital;

(e) retirement or nursing home;

(f) cemetery;

(g) governmental building;

(h) public park;

(i) playground;

(i) recreation area;

(k) convention center; and

(!) any area in which billboards are prohibited.

Sec. 5, Fees and Inventory of Billboards. - Upon the effectivity of this Act the
following fees for billboard shall apply:

(1) billboard permit fee of Five Thousand Five Hundred Pesos (P5,000.00) for the
construction of new billboards, as well as, for those seeking billboard permit for signs
constructed and existing prior this Act; and

(2) annual inspection fee of Three Thousand Pesos (P3,000.00), payable upon filling
and approval of the application for the yearly billboard permit

The DPWH in coordination with the MMDA shall use additional revenues resulting from
the foregoing to conduct a thorough countrywide inventory of all billboards, including
plotting the exact location of each sign, determining whether or not each sign has a
valid permit from the DPWH, MMDA and any local government agency charged with
regulating billboards.

Sec. 6, Billboard Permit - Billboards and signs may be erected, constructed or
installed only upon the issuance of a billboard permit by the DPWH after payment of
required fees. Provided, that no billboard permit shall be issued without a compulsory
insurance coverage, the amount of which shall be determined by DPWH

Billboard permit and inspection clearance Issued by the DPWH is revocable when it is
shown that the billboard fails to comply with the provisions of this Act and its
implementing rules, NBC and other regulations promulgated concerned agencies,
and/or poses a clear threat to public welfare, safety and health.

Sec. 7 Enforcement of the Act - It shall be the primary duty of the DPWH to
effectively enforce the provisions of this Act. Thus, DPWH may request any duly
constituted law enforcement agencies and other officers of the government to render
immediate assistance for the purpose

When billboard is found to be dangerous or hazardous, the DPWH with the assistance
of MMDA may repair or demolish the same at the expense of the billboard operator,
depending upon the degree of danger it poses to life, health or safety.

Sec. 8. Assisting Entities. — In compiling with the inventory mentioned in Section
5, the DPWH shall cooperate with billboard permit holders, local governments, the
MMDA, nongovernmental organizations, citizens groups and other stakeholders
concerned with scenic conservation and transportation.

Sec. 9. Development of Official Signs. - The DOT is directed to develop, construct
and contract with public and private entities for the construction and maintenance of
official signs in addition to any such signs currently operated by the DOT. The DOT
shall consult with scenic conservation groups, businesses and business organizations,


and local governments to facilitate the development of these signs in such a way as to
allow businesses to reach the traveling public without the deleterious impact of
billboards on scenery.

Sec. 10. Penalties - Any person, corporation, trust, firm, partnership,
association or entity found violating this Act or the rules and regulations promulgated
thereunder shall be punished by a fine of One Hundred Thousand pesos (P100, 000.
00) or imprisonment of at least six (6) months but not more than one (1) year.

If the violation is committed by a corporation, trust or firm, partnership,
association or any other entity, the penalty of imprisonment shall be imposed on the
entity's responsible officers, which may include, the president, vice-president, chief
executive officer, general manager, managing director or partner.

Any officer of the duly designated enforcement agency who neglect or fails to
enforce the provisions of this Act shall be administratively liable and in addition,
punished by a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more
than Two Hundred Thousand Pesos (P200,000.00), without prejudice to the filing of
appropriate criminal charges.

Sec. 11. Implementing Rules and Regulations. - The DPWH, in coordination with
MMDA and other agencies of the national and local governments shall promulgate the
rules and regulations to carry out the provisions of this Act within sixty (60) days from
its effectivity.

Sec. 12, Funding -The amount necessary to carry out the provisions of this Act
shall be included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter.

Sec. 13. Transitory Provision - All billboard structures not conforming with the
provisions of this Act shall immediately be dismantled by their owners or corrected
accordingly, provided, that those covered by existing advertising contracts are given six
(6) months to novate or modify said contracts to conform with the provisions herein.

Sec. 14. Repealing Clause — All laws, decrees, executive orders or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

Sec. 15. Separability Clause — If any provision of this Act is held invalid or
unconstitutional, other provisions not affected shall continue to be in full force and
effect.

Sec. 16. Effectivity - This Act shall take effect 15 days after its complete
publication in at least two (2) newspapers of general circulation,

Approved,