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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

bade KSB E

House BiLL__1417

Introduced by Representative Mariano Michael M. Velarde Jr. (BUHAY Party List)

EXPLANATORY NOTE

This bil was proposed by BUHAY Party List last 16" Congress to regulate the outdoor
advertising industry. It consents to the continued existence and growth of the industry while
preventing abuse, indiscriminate and illegal installation of billboards and similar advertising
structures and signages .

The intent of the bill is merely regulatory and not to kill a legitimate multi-million peso
industry which contributes to the economy through employing thousands of workers and
generating auxiliary industries. It also intends to protect the legitimate enterprises from scrupulous
entities

‘There are existing laws issuances governing and regulating outdoor advertising like
Chapter 20 of the National Building Code (P.D. 1096) and its Implementing Rules and
Regulations, the Philippine Electrical Code, the Code of Ethics for Advertsing and Promotions and
the Philippines Highway Act of 1953 (R.A. 917).

On the other hand, there is urgency to enact more effective, comprehensive and updated
regulations to keep up with the development in technology and market demand for such
advertising medium. It is imperative for the government to pass a law to manage the congestion of
outdoor advertising installations and signages. It is obligatory for government to address the
impunity in the installations of outdoor advertising and similar signages that are becoming traffic
hazards and/or cause of accidents and distractions to drivers of vehicles traversing our roads and
streets; aside from becoming “eyesores” to some motorists and tourists and hinders scenic views
of our land.

The bill seeks to address but not limited to allowable size of signages and advertising
media, load capacity of advertising installations and signages, structural integrity of structures and
other related issues addressing the safety ofthe public.

. passage er bill is earnestly sought.

HON.\MARL LM. VELARDE JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL 1417

Introduced by Representative Mariano Michael M. Velarde Jr. (BUHAY Party List)

AN ACT REGULATING OUTDOOR ADVERTISINGS AND NON-MOBILE
BILLBOARDS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. ~ This act shall be known as the “Outdoor Advertising
Billboard regulation Act of 2017.”

SEC. 2. Declaration of Policy. —It is the declared policy of the State to protect and secure
the environment, highways, transportation lines and facilities, historical anf scenic sites and the
public domain in general from obstructions, hindrances and nuisances. In the pursuit of this
policy, the State shall regulate in particular the outdoor advertising industry without arbitrarily
impairing private enterprise and unduly curtailing the freedom of expression.

SEC. 3. Definition of Terms. — As used in this Act, the terms:

a) “Air Right” means the right to physically develop and subsequently benefit from the
continued use of the air space above the road right-of-way (RROW) or other rights-of
way (ROWs) or legal easements or private/public property outside or along such
ROWs or easements. Air rights shall not extend to or include the construction and
maintenance of non-mobile billboards as defined hereunder.

b) “Alignments” are the surface areas and spaces traversed by a RROWs, similar ROWs,
legal easements or similar public spaces, which form part of the public domain and are
therefore prohibited sites for non-mobile billboards,

©) “Barangays” means the basic and smallest government unit or political subdivision as
defined in the Local Government Code.

4) “Billboard” means a signboard , identification, illustration, image, picture or any other
devise for outdoor advertisement consisting of a support structure, a display or message
area, an optional lighting system and related components installed on land, building or
property to attractor direct attention to a particular product, service, idea, information,
design, system, activity, institution, business, belief and/or personality. ‘The term shall

be generic and shall collectively refer but not limited to multi-media or tri-vision

display, neon or other illuminated and painted signs and the like.

Billboard Operator” is a natural or juridical person engaged in the construction,

erection and maintenance of billboards, whether contracted by a third party or for

leasing to advertisers.

“Billboard unit” or “BU” shall refer to one particular display with a total minimum
surface area of seven and a half (7.5) square meters to a maximum surface area of two
hundred twenty-five (225) square meters

g) “Building Height Limit” or “BHL” means the maximum height allowed for a building
or structure based on its proposed use or occupancy. The BHL is generally measured
from the established grade line to the topmost portion of such a building or structure,
inclusive of a non-mobile billboard mounted on top of such a building or structure.

h) “Carriageway” or “Roadway” means the portion or component of the RROW on which
land-based transportation conveyances such as motor vehicles are allowed to pass or
park. For RROWs, the term may be “Railway” and for WROWs, the applicable term
may be “Waterway” or “Vessel-way”.

h



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i) “Content” means the message and image component of a display which may be
advertising commercial, directional or general public information in intent.

i) “Display” means the material or device mounted on the non-mobile billboard support
structure together with its contents.

k) “Firewall” means a reinforced masonry or reinforced concrete separator with the
appropriate fire-resistive rating and which shall be positioned between buildings or
structures to maintain the fire integrity of each building of structure. Firewalls that are
erected along and/or above property lines utilize a substantial portion of the maximum
development potential of a property and shall therefore have no openings except for the
permitted vent specified under the National Building Code (NBC) and_ its
Implementing Rules and regulations (IRR). Firewalls shall not be used as mounting
surfaces for billboards and other types of display.

}) “Intersections” are common surface areas or spaces by two (2) or more RROWs,
similar, ROWs or legal easements or a mix of such public spaces, which form part of
the public domain and are therefore prohibited sites for non-income billboards.

m) “Legal easement” means a public open space mandated under the law that must be
absolutely free of all forms of physical obstructions that can be negatively affect
natural light and ventilation within such a space or that can impede access to or the full
recreational use of such a space by the general public. Legal easements also refer to
the public area that may lie between the legally usable portions of a private/public
property and natural built bodies of water or waterways.

n) “Lighting System” means the luminaries, complete lighting units, power source,
connections, controls and all support structures and devices that ensure the continuous
illumination of a displat

0) “Minimum Billboard Unit” shall refer to one display with a surface area of seven and a
half (7.5) square meters which could be displayed in multiples provided that the
combined surface area shall not exceed two hundred twenty-five (225) square meters.
Itshall have a minimum dimension of one meter (1) meter.

p) “Maximum Billboard Unit” shall refer to one display with a maximum total surface
area of two hundred twenty-five (225) square meters.

4) “NBC” means the National Building Code of 1977 under Presidential Decree No.
1096, including amendments.

1) “Non-Conforming Billboard” means any non-mobile billboard lawfully constructed
prior to the enactment of this Act which does not conform with the provisions of this
Act.

s) “Non-mobile Billboard” means a billboard positioned at a fixed location, where it can

be readily and continuously viewed by the passing public.

1) “Official Signs” mean direction or informative signs, including infrastructure project
announcements and descriptions, in whatever legal form, thagy are officially designed
and erected by or through the National Government or any of the Local Government
Units for the purpose of publie service.

u) “Property line” means the imaginary or defined line or a set of such interconnected
lines denoting the limits of a property

v) “ROW” means the Right-of-Way, including the airspace above the ROW.

or “Road-Right-of-Way” * means a public open space for the
continuous flow of pedestrian and vehicular traffic, including the air space above the
RROW that must be free from all forms of prohibited physical obstructions. It is also
the surface area lying between two (2) or more parallel properties and its width is
horizontally measured from opposite property lines.

x) “RRROW” means the Railroad-Right-of-Way consisting of the railway, tramway or
tracts on which the trains actually pass as well as the buffer areas on either side of the
railway for operational safety and fixed facilities for passenger exchanges, inclusive if
the airspace above the3 RRROW.

y) “Scenic Vista” refers to a natural feature in the viewable landscape which offers the
viewer a refreshing visual experience or respite.

z) “Setback” means a one-dimensional quantity denoting the level horizontal distance
measured at a ninety degree angle (90°) from the line formed by the outermost face of a
building, structure or billboard support structure to a property line, whereby both lines
run parallel to each other.



aa) “Sidewalk” means the portion on each side of the road right-of-way (RROW) for
the exclusive use of pedestrians and the disabled who are in transit;

bb) “Sign Permit” refers to the permit secured from the appropriate LGU for installation,
attachment, painting of any form of non-mobile billboard display.

cc) “Sponsored Public Signs” are traffic, informational, public service signs or a
combination thereof that partially show or advertise the sponsor's business activity,
product or service being offered to the public commercially, wherein the area covered
by the commercial advertisement does not exceed 20% of the total display area.

dd) “Support Structure” means the rigid framework on which the display or attention-
catching device of a non-mobile billboard is mounted. The foundation and
superstructure form part of the support structure.

ee) “Temporary Sign” means a sign made of fabric, cloth, vinyl, plastic or similar light
and/or combustible material, with or without frame ie. streamers, bills, posters and
the like that are installed within or outside a ROW for public display and viewing for a
limited period of time, subject to the issuance of the required permit.

ff) “UROW" means the Utility Right-of-Way consisting of the area on which public utility
lines are allowed to pass, including buffer, safety zones, service and maintenance areas
and the airspace above the UROW.

ge) “Video Billboard” refers to Non-mobile Billboard with the video display

hh)“View Corridor” means the visually unobstructed width, depth and height of all
available sight lines running through and along RROWs, legal easements and similar
ROWs, open spaces within lots including yards and courts or through and along
designated public spaces including recreation areas. View corridor also means specific
ranges of sight lines from a building or structure to a specific natural object considered
of beauty or value.

ii) ‘WROW” means the Water Right-of-Way found inland waterways such as rivers,
streams, lakes, canals and the like and consisting of the waterway and vessel-way on
which boats, ships and barges pass, as well as the embankments and portions of the
shore areas used to access the waterway and vessel-way, including the airspace above
the WROW.

ii) “Yard” means a two-dimensional space coOnsisting of the vacant land area between the
outermost portion of a non-mobile billboard including its support structure and the
property lines.

SEC. 4. Regulation of Non-Mobile Billboards. Any non-mobile billboard erected,
modified, retrofitted, rehabilitated or otherwise altered and thereafter exhibited after the
effective date of this Act shall comply with the following requirements:

@) Position Along RROWs, ROWs and Legal Easements

i, No billboard shall be located in a position that obstructs or obscures the view of
vehicular or pedestrian traffic in such a manner as to endanger the safe
movement thereof, Non-mobile billboards shall not be erected in a manner that
can confuse or obstruct the view or interpretation of any official traffic sign,
signal or device.

ii, The outermost portion or projection of a non-mobile billboard or its support
structure or its lighting system shall be located at least two and a half (2.5)
meters away from high-tension lines.

No billboard shall be erected on any structure or portion thereof found within
the RROW, RRROW, UROW WROW, legal easement and the like.

The air rights over such ROWEs and legal easements shall not be availed of for
the purpose of erecting non-mobile billboards.

iv. Temporary signs, regardless of material, intended use and size, including
election-related signs showing the names and/or likeness of elective and
appointed officials, shall not be strung or installed over or across a RROW,


vi.

vii.

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RRROW, UROW, WROW, legal easement and the like, unless otherwise
permitted by the barangay or LGU concemed but in no case shall the period of
display exceed seven (7) calendar days. The barangay or LGU must thereafter
remove said temporary signs.

Reckoned from the carriageway portion of RROW to an existing non-mobile
billboard, no subsequent non-mobile billboard shall be constructed such that it
will obstruct the former's viewing distance from its intended viewing audience
within two hundred (200) meters in any metropolitan area and three hundred
(300) meters outside thereof.

No part of a non-mobile billboard including is support structure shall be
installed or constructed within carriageways, roadways, ROWs, RROWS,
RRROWs, UROWs, WROWs, Infrastructure or structures of public
transportation facilities, telephone/utility poles or upon natural growths such as
trees, rocks and the like. In particular, non-mobile billboards shall not be
erected or maintained violating the air rights above a carriageway, roadway,
railway or vessel-way.

No non-mobile billboard that may obscure or obstruct the view of vehicular or
pedestrian traffic or that may interfere, imitate, resemble or be confused with
official traffic si8gns, signals or devices shall be permitted nor any billboard
that prevents a clear and unobstructed view of official traffic signs in
approaching or merging traffic be permitted.

No non-mobile billboard that may impair, obstruct or cover any scenic vista or
view corridor of the natural landscape shall be permitted.

No non-mobile billboard shall be erected within a three hundred (300) meters
circumference of the nearest property line of any of the following: historic site,
school, church, hospital, retirement or nursing home, cemetery, government
building, public park, playground, recreation area, convention center, or any
area in which non-mobile billboards are prohibited.

b) Position within Private and Proprietary Properties Outside RROWs / ROWs/ Legal
Easements.

ii,

iii.

iv.

No non-mobile billboard shall be erected without complying with the front, side
and rear setback and yard requirements prescribed by the applicable LGU
zoning regulations. All non-mobile billboards however, shall have an
additional setback of 2.5 meters from high tension wires in the surrounding

area,

No part of a non-mobile billboard shall be placed on, within or over any private
property or any property of the National Government or any of its political
subdivisions or agencies or government-owned or controlled corporation
without the written consent of the property owner or lawful possessor or duly
authorized representatives and without the permit of the DPWH.

No billboard shall be erected or maintained upon or above the roof of any
building and structure if the same is in violation of the National Building Code
and its IRR.

No billboard shall be constructed on a property where the same can obscure or
shade the windows or doors of adjacent buildings or structures. Non-mobile
billboards shall not be made of reflective materials that can redirect
unwarranted light towards adjacent buildings and structures.

©) Billboard Spacing and Density.

i.

Non-mobile billboards located upon or oriented towards traffic travelling upon
the same side of a RROW/street shall be so spaced to comply with the
minimum clear and unobstructed viewing distance from its intended viewing
audience of two hundred (200) meters within any metropolititan area and three
hundred (300) meters outside thereof.

Non-mobile billboards may be single-faced or double-faced or layered. In the
case of a double-faced billboard, the allowable display surface area per


billboard unit on each face shall not exceed two hundred twenty five (225)
square meters provided the applicable setback, yard and building height limit
(BHL) requirements of the applicable LGU zoning ordinance are complied
with.

d) Display Content and Lighting
i. No billboard with any commercial content shall be erected within a thirty-five
(35) meter distancce of the nearest property line of declared historic or cultural
sites or of institutional sites such as schools, churches, hospitals, government
buildings, public parks, playgrounds, recreation areas, convention centers,
cemeteries or any other area which must be free of non-mobile billboards with
commercial contents.

ii, _ Non-mobile billboards shall be illuminated only by luminaries exuding a fixed,
non-oscillating and non-fluctuating amount of light that shall not produce
unwanted glare or reflectance when directed at a display. This glare shall
likewise apply to internal lighting generated by Video Billboards.

©) In addition to the requirements set by the NBC, a non-mobile billboard must have
structural integrity to withstand the following:

i, Maximum windload of 250 kilometers per hour

ii, Earthquakes of a maximum magnitude of 7.0 on the Ritcher scale; and
Other climatic and geographic factors to be determined by the DPWH,
Philippine Atmospheric Geophysical and Asytronomical Services
Administration, Philippine Institute of Volcanology ND. Seismology, the
Department of Science and technology and the LGUs in case of local
conditions.

f) Allowable Dimensions for Non-mobile Billboard Displays

i, A billboard unit shall have a surface or display area of between seven and a half
(7.5) square meters minimum and two hundred twenty-five (225) square meters
maximum.

ii, No billboard shall exceed forty (40) meters in height, measured from the
average elevation of the surface of the natural ground or existing sidewalk or
carriageway level, whichever is higher, up to the highest point of the non-
mobile billboard or any of its components. In reckoning and applying this
maximum height requirement, there must be prior compliance with the relevant
setback, yard, and building height limit (BHL) requirements of the applicable
LGU zoning ordinances.

iii, °All non-mobile billboards shall be erected in conformity with the building
height limits (BHL) prescribed in the applicable LGU zoning regulations

SEC. 5. Placement of Billboards with respect to Emergency Exits, Doors and Windows.
~ No billboard shall be erected in such a manner that any portion of its display or support will
interfere in any way with the free use or operation of any fire escape, emergency exit, door,
window, standpipe and the like. A non-mobile billboard shall not be erected, constructed and
maintained as to obstruct any emergency exit or other openings or to prevent free passage one part
of a roof to any part thereof. A non-mobile billboard in any form or shape shall not in any manner
be attached to a fire escape or be placed as to interfere with an opening required feor introducing
natural light and ventilation into a building or structure.

SEC. 6, Fees and Inventory of Billboards. — As of the effectivite date of this Act, the
following fees for a non-mobile billboard shall apply:

a) A one-time billboard inventory fee of Two Thousand Five Hundred Pesos (P2,500.00)
per billboard, payable (i) upon filing of the application for building permit for a new
non-mobile billboard to be constructed after the effectivity of this act; or (ii) upon
filing of the first application for sign permit for non-mobile billboards legally
constructed before the effectivity of this Act;


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b) An annual inspection fee of Two Thousand Five Hundred Pesos (P2,500.00) payable
upon filing and approval of the application for the yearly sign permit; and
©) A building permit fee for new non-mobile billboards in accordance with the National
Building Code and its IRR.

The inventory and annual inspection fees shall be collected by the District Engineer in each
engineering district for remittance to the DPWH, which shall be the lead agency for the conduct of
the inventory and annual inspection, The DPWH in coordination with the other agencies such as
the MMDA (for the Metropolitan Manila Area only) and with the provincial LGUs, shall use the
additional revenues to conduct a thorough countrywide inventory of all non-mobile billboards,
including plotting the exact location of each sign, determining whether or not each sign has a valid
permit from DPWH, MMDA and any LGU agency charged with regulating billboards. ‘The
annual inspection fees shall be used ti defray the cost of inspecting said non-mobile billboards for
compliance with this Act, the NBC and other applicable laws, rules and regulations on a yearly
basis.

SEC. 7. Non-Mobile Billboard Permit Required. ~ Except as otherwise provided in this
Act, no non-mobile billboard shall hereinafter be erected, constructed, maintained or altered unless
a billboard permit has been issued by the DPWH after payment of the required fees. An
application for a non-mobile billboard shall be made in writing by a billboard operator on the
permit forms furnished by the authorities concerned and shall include such information as may be
required for a complete understanding of the proposed work.

The construction permit or annual inspection clearance issued by the DPWH for a qualified
entity to erect, operate and maintain a non-mobile billboard may be revoked by the DPWH if the
non-mobile billboard is:

a) Violates any of the provision of the Act and its IRR,, the National Building Code and
its IRR, and guidelines, standards, manuals of procedure and other regulations
promulgated by the DPWH; and

b) Poses a clear threat to public welfare, safety and health.

The permit or clearance issued by the DPWH may be reinstated by the DPWH if the
provisions or rules violated are complied with.

SEC. 8. Abatement of Dangerous Billboards. — When any non-mobile billboard is found
or declared to be dangerous or ruinous, the DPWH shall order its repair or demolition at the
expense of the billboard operator, depending upon the degree of danger it poses to life, health or
safety without prejudice to further action that may be taken under the provisions of the New Civil
Code or the National Building Code and its IRR.

The business address of the billboard operator shall be permanently attached to the right
lower corner of a non-mobile billboard’s support structure to facilitate the identification billboard
operator.

SEC. 9. Official Signs Exempted. ~The following official siogns are exempt from the
restrictions of this Act:

a) Official highway route number signs, street names, directional and other official
government signs;

b) Information and public service signs such as those on availability of restrooms,
telephone or similar public conveniences;

©) Information and description on infrastructure projects;

d) Official traffic signs, signals, devices and the like: and

©) Official signs for memorial or historical places.

Function and utility signs shall be primary consideration in the determination of an official
sign, and shall not be designated as such by mere resolutions of LGUs.

A sponsored public sign shall be considered an official sign if the commercial advertising
it contains does not exceed 20% of the total display area.


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SEC. 10. Penal Clause. — It shall be unlawful for any natural or juridical person to
directly or indirectly erect, construct, enlarge, later, repair, move, improve, remove, convert, use or
maintain any billboard contrary to or in violation of any provision of this Act.

No officer or employee of the National Government, chattered cities, provinces,
municipalities, and barangays, now or hereafier charged with the enforcement of laws, ordinances
or regulations relating to the construction, erection or alteration of non-mobile billboards, shall
endorse the approval of any plans, designs or specifications which have not been prepared and
submitted in full accord with all the provisions of this Act.

Any individual or firm, whether in the private or public sector, who shall violate any of the
provisions of this Act shall, upon conviction by the proper court, be punished. by a fine not less
than thrice the amount of the non-mobile billboard including its support structure but not more
than ten times the amount of said billboard including its support structure or by imprisonment of
not less than one (1) year but not more than five (5) years, or both,, at the discretion of the court.
In case of a firm, partnership, corporation or association, whether private or public, the penalty
shall be imposed upon its responsible officers for such violation, and in case the guilty party is an
alien, he/she shall immediately be deported after payment of the fine and/or service of sentence.

SEC. 11. Enforcement of the Act. ~ It shall be the primary duty of the DPWH to
effectively enforce the provisions of this Act. All duly constituted law enforcement agencies and
officers of the national, provincial, city or municipal governments or any political subdivision
thereof, shall, upon than call or request of the DPWH, render immediate and complete assistance
in enforcing the provisions of this Act and to prosecuting violators. The Secretary of Justice or his
duly designated representative shall act as legal adviser to the DPWH and render legal assistance
as may be necessary in carrying out the provisions of this Act.

SEC. 12. Transitory Clause and Non-Conforming Billboards. ~ Within three (3) years
from the date of the effectivity of this Act, any non-conforming non-mobile billboard, including
those designed/constructed in full compliance with the National Building Code and its IRR or in
compliance with the LGU building codes or ordinances existing as of the approval of this Actshall
be dismantled, removed or altered to conform to the provisions of this Act. The cost of
dismantling, removal or alteration shall be charged to the owner or operator of the non-complying
billboard. The owners or operators of such altered billboards shall thereafter secure a certificate of
compliance, the required permits and pay the necessary fees.

Existing billboards erected without permits before the enactment of this Act shall be given
written notice to secure a permit within ninety (90) days from receipt, the DPWH shall dismantle
such billboards at the expense of the billboard operators who fail to secure the required permits.

SEC. 13. Implementing Rules and Regulations (IRR). ~ Within ninety (90) days after the
effectivity of this Act, the DPWH, in coordination with other agencies of the national and local
governments, and in consultation with all stakeholders in the industry, shall adopt and promulgate
such rules and regulations, to carry out the provisions of this Act and which shall be effective
fifteen (15) days following their publication in the Official Gazette or in two (2) major daily
newspapers of general circulation. ‘The updating of and amendments to the IRR shall be
undertaken by the DPWH every five (5) years, including the provisions on the permit and related
fees.

The IRR of this Act shall include the proper spacing, density, sizing and
proportioning/configuration and format of non-mobile billboards as provided for in this Act.

The DPWH shall also prepare and promulgate the necessary guidelines, standards and
manuals of procedure.

SEC. 14. Separability Clause. ~ If any provision or part hereof is declared invalid or
unconstitutional, the remainder of the law or the the provision not otherwise affected shall remain
valid and subsisting.


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SEC. 15. Repealing Clause. ~ Any law, repsidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation, contracts and other memorandum of
agreements entered into by a government agency, LGU or government owned and controlled
organization contrary to or inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SEC. 16. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

res

dN. MARI i . VELARDE JR.