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

16th CONGRESS
First Regular Session

House sino. 3391

Introduced by Honorable FRANCISCO A. CALALAY, Jr., LEOPOLDO N. BATAOIL and
EDCEL “GREX” B. LAGMAN

EXPLANATORY NOTE

“A business without a sign is a sign of no business.”

The foregoing lines in a billboard being offered for rent somewhere along the periphery
of the North Luzon Expressway caught our attention and our fascination thereof remains to
these days.

Indeed, a good ad lingers in peoples’ minds; its recall value buoys a person into
patronage and purchase of a product or service. It came as no surprise, therefore, that
billboards grew like mushrooms all over the metropolis and in strategic areas because of the
effectiveness in capturing the attention of the intended market, as well as for its cost-efficiency
as a medium of advertising vis-é-vis traditional media.

The laws regulating out-of-home media (OOH), billboards included, are scattered
elsewhere in our statute books — in the outdated Building Code of the Philippines of 1972 (R.A.
No, 6541), Chapter 20 of the National Building Code of the Philippines (Presidential Decree No.
1096) and its detailed Implementing Rules and Regulations, the Philippine Electrical Code, the
Code of Ethics for Advertising and Promotions, the Philippine Highway Act of 1953 (Republic Act
No. 917), the National Structural Code of the Philippines of 1992, some relevant Civil Code
provisions on easement and nuisance, as well as in various Ordinances of local government
units.

The bediam in the present set-up lies in the absence of an exacting law on OOH media.
‘And where different municipalities, cities, and entities are imposing different rates of regulatory
fees, there is indeed a need for a uniform schedule of applicable fees.

Safety standards is also one important component of this proposed legislative measure.
Spacing, height, size, location, strength of materials, etc. are but some of the vital regulations
this bill seeks to impose.

Other than a recognition of the value of outdoor out-of-home media as an effective
marketing tool, this proposed piece of legislation also aims to address the industry's clamor for


order in an otherwise chaotic OOH media industry — a legitimate multi-billion peso industry,
with a positive contribution to the economy by employing thousands of workers and generating
allied businesses.

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

fepresentative, 2nc District, Pangasinan

EDCEL “GREX” B. LAGMAN
Representative, 1* District, Albay


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

16th CONGRESS
First Regular Session

HOUSE BILL NO. _ 3391

Introduced by Honorable FRANCISCO A. CALALAY, Jr. and LEOPOLDO N. BATAOIL

AN ACT PRESCRIBING STANDARDS AND GUIDELINES FOR THE
OUTDOOR OUT-OF-HOME MEDIA INDUSTRY AND FOR OTHER PURPOSES

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

SECTION. 1. Short Title. - This Act shall be known and cited as the “Outdoor Out-of-
Home Media Industry Act of 2013.”

SEC. 2. Dedaration of Policy. — It is the declared policy of the State to protect and
secure the environment, highways, transportation lines and facilities, historical and 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 out-of-home media
industry without arbitrarily impairing free private enterprise and unduly curtailing the
people's freedom of expression.

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

a) “Banner” means a billboard with a size equal to or less than 5.01 square
meters in surface area (or 1.52 meters by 3.30 meters).

b) “Barangay” means the basic and smallest local government unit or political
subdivision as defined in Republic Act No. 7160, as amended, otherwise
known as the Local Government Code of 1991.

©) “Billboard” means a sign or signage, signboard, identification, illustration,
image, picture or any other devise for outdoor advertisement, measuring
more than 5.01 square meters in surface area (or 1.52 meters by 3.30
meters), consisting of a support structure, a display or message area, an
optional lighting system and related components installed on land, building,
property or transport vehicles to attract or 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.


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“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 an outdoor medium mounted on top
of such a building or structure.

“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 RRROWS, the term may be “Railway” and, for
WROWS, the applicable term may be “Waterway” or "Vessel-way.”

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

“DILG” means the Department of the Interior and Local Government.

“Display” means the material or device mounted on the outdoor medium
support structure, including transport vehicles, together with its content.

“DOTC” means the Department of Transportation and Communications.
“DPWH” means the Department of Public Works and Highways.

“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 or
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 wells
specified under Republic Act No. 6541, as amended, otherwise known as the
National Building Code (NBC) of the Philippines and its Implementing Rules
and Regulations (IRR). Firewalls shall not be used as mounting surfaces for
billboards and other types of display.

“IRR” means Implementing Rules and Regulations.

“Legal Easement” as defined under Republic Act No. 386, as amended,
otherwise known as the Civil Code of the Philippines.

“LGU” means local government unit.

“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 display.

“Non-Conforming Outdoor Media” means any outdoor medium lawfully
constructed prior to the enactment of this Act which does not conform with
the provisions of this Act.

“Off-Premise Sign” means an outdoor medium that advertises goods or
services that are sold or offered at a place other than where the outdoor
medium is physically located.


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“Official Signs” mean directional or informative signs, induding infrastructure
project announcements and descriptions, in whatever legal form, that are
officially designed and erected by or through the national government or any
of the local government units for the purpose of public service and
information.

“On-Premise Sign” means an outdoor medium that advertises goods or
services that are sold or offered within the place where the outdoor medium
is physically located.

“OOH Media” means essentially any type of advertising that reaches the
consumer while he or she is outside the home. This is in contrast with
broadcast, print, and Internet or web-based advertising.

“Outdoor Medium” or "Outdoor Media” means OOH media found outdoors or
outside buildings and transit vehicles, whether an off-premise sign or an on-
premise sign.

“Outdoor Operator” is a natural or juridical person engaged in the
construction, erection and maintenance of outdoor media, whether
contracted by a third party or for leasing to advertisers.

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

“ROW” means the right-of-way, including the airspace above the ROW.

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

*RRROW” means the railroad-right-of-way consisting of the railway, tramway
or tracks 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 of the airspace above the RRROW. RRROW
likewise includes the various mass transit systems constructed below or
above ground.

“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 outdoor media support
structure to a property line, whereby both lines run parallel to each other.

“Sidewalk” means the portion on each side of the RROW for the exclusive
use of pedestrians and the disabled who are in transit.

“Sign Permit” refers to any legally prescribed permit or documentation
secured from the appropriate LGU for installation, attachment, painting of
any form of outdoor media display.


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“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.

“SMPS” means any special metropolitan political subdivision as defined by
Section 11, Artide X of the 1987 Constitution of the Republic of the
Philippines, such as the Metropolitan Manila Development Authority (MMDA).

“Support Structure” means the framework on which the display or attention-
catching device of an outdoor medium is mounted, including transport
vehicles. The foundation and superstructure form part of the support
‘structure.

“Temporary Sign” means a sign made of fabric, doth, vinyl, plastic or similar
light and/or combustible material, with or without frame, i.e., 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(s)..

“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.

“Video Billboard” refers to an outdoor medium with video display.

“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 recreational 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.

“WROW” means the water right-of-way found in 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.

“Yard” means a two-dimensional space consisting of the vacant land area
between the outermost portion of an outdoor medium including its support
structure and the property lines.

SEC. 4. Regulation of Outdoor Media. - Any outdoor media constructed, erected,
modified, retrofitted, rehabilitated or otherwise altered and thereafter exhibited after the
effective date of this Act shall comply with the following requirements:

a) Position Along RROWS, RRROWS, ROWS and Legal Easements:

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Outdoor media shall not be located in a position that obstructs or obscures
the view of vehicular or pedestrian traffic in such a manner as to endanger


(2)

(3)

(4)

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the safe movement thereof. Outdoor media shall not be erected in a manner
that can confuse or obscure or obstruct the view or interpretation or that
may interfere, imitate or resemble official traffic signs, signals or devices, or
prevent a clear and unobstructed view of official signs in approaching or
merging traffic.

The outermost portion or projection of an outdoor medium or its support
structure or its lighting system shall be located at least one and one-half
(1.5) meters away from electrical high-tension lines, or at such adequate
distance to avoid the magnetic field generated by such electrical high-tension
lines.

Subject to the provisions of Section 4(c) of this Act, outdoor media shall be
allowed to be erected within the RROW, RRROW, UROW, WROW, legal
easement and the like.

Reckoned from the carriageway portion of a ROW, RROW or RRROW to an
existing outdoor medium and unless with the written waiver of the owner of
the existing outdoor medium, obstruction of an existing outdoor medium by
another outdoor medium (whether an off-premise sign or an on-premise
sign) from its intended viewership, no matter how partial, shall be strictly
prohibited. The existing outdoor medium shall be considered not obstructed
by a new outdoor medium (whether an off-premise sign or an on-premise
sign) when it is fully visible within two hundred (200) meters distance from
its intended audience.

No part of an outdoor medium induding its support structure shall be
installed or constructed upon natural growths such as trees, rocks, and the
like.

b) Position Within Private And Proprietary Properties Outside RROWS, RRROWS,
ROWS and Legal Easements:

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(3)

No part of the outdoor medium and its support structure shall go beyond the
Property lines of the property on which it stands or the property or
properties over which the outdoor media owner has a valid and subsisting
contract/s for occupancy.

No part of an outdoor medium shall be placed on, within or over any private
property or any proprietary property of the national government or any of its
Political subdivisions or agencies or government-owned and/or controlled
Corporations, without the written consent of the property owner or lawful
possessor of the property or their duly authorized representative.

No outdoor medium shall be erected or maintained upon or above the roof of
any building and structure if the building or structure cannot accommodate
the additional load, taking into consideration generally-accepted engineering
‘standards, as determined and sworn to by an independent and duly-licensed
structural engineer.

¢) Position Within RROWS, RRROWS, ROWS, Legal Easements, and Government

Properties:


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(4)

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Outdoor media erected within or at a RROW, RRROW, UROW, WROW and
the like shall be covered by a duly executed contract with the government
agency which has settled jurisdiction over the property, and shall be
subject to existing safety regulations imposed by the said agency. The
government agency shall be responsible for coordinating with other
government agencies and instrumentalities, including the concerned
LGU(s), in the implementation of the contract.

Outdoor media erected within or at a RROW, RRROW, UROW, WROW and
the like shall consider the continued safe operation of public
transportation and pedestrian traffic upon which the outdoor media is
erected.

Outdoor media erected within or at a RROW, RRROW, UROW, WROW and
the like must also be covered with specific plans duly approved by the
respective government instrumentality, agency or department upon which
the outdoor media owner has a contract with.

Outdoor media erected within or at a RROW, RRROW, UROW, WROW and
the like must be erected and lighted in such a way so as not to distract
motorists, but must be able to contribute to the brightening of the
immediate area upon which the outdoor media is erected.

Outdoor media erected within or at a RROW, RRROW, UROW, WROW and
the like, together with its cantilevered support structures, may be used to
effectively provide shelter for the pedestrians passing underneath from
the ordinary elements of nature.

The provisions of this Act shall not apply to small outdoor signs that do
not exceed three (3) square meters in area and provides a clear vertical
distance of at least four (4) meters for passing pedestrians.

d) Billboard Spacing and Density:

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Reckoned from the carriageway portion of a ROW, RROW or RRROW to
an existing outdoor medium, and unless with the written waiver of the
owner of the existing outdoor medium, obstruction of an existing outdoor
medium by another outdoor medium (whether an off-premise sign or an
on-premise sign) from its intended viewership, no matter how partial,
shall be strictly prohibited. The existing outdoor medium shall be
considered not obstructed by a new outdoor medium (whether an off-
premise sign or an on-premise sign) when it is fully visible within two
hundred (200) meters distance from its intended audience.

Outdoor media may be single-faced or multiple-faced. In the case of a
free-standing or wall/roof-mounted multiple-faced outdoor medium, the
allowable display surface area per advertising face shall not exceed four
hundred fifty (450) square meters, provided that the outdoor media and
its support structure does not exceed the property lines of the property
on which it stands or the property or properties over which the outdoor
media owner has a contract/s of occupancy, and the BHL requirements
under this Act are complied with.


e) Display Content and Lighting:

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(3)

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All display content for outdoor media and temporary signs must conform
to the standards set by the Advertising Standards Council (ASC).
Censorship of content shall be within the sole jurisdiction of the ASC.

No outdoor medium with any commercial content shall be erected within
a twenty (20) meter distance of the nearest property line of declared
historic or cultural sites or of public parks.

Outdoor media which contain, include or are illuminated by any flashing,
intermittent or moving light or lights, or have reflective surfaces and
devices shall be permitted; provided, that such outdoor media does not
interfere with traffic safety.

Electronic variable message outdoor media shall be permitted; provided,
that such outdoor media does not interfere with traffic safety and does
not resemble or simulate traffic control or safety devices or signs.

Outdoor media must be effectively shielded to prevent beams or rays
from being directed toward any portion of the traveled ways, and must
not be of such intensity or brilliance to cause glare or impair the vision of
the driver of any motor vehicle or otherwise interfere with any driver's
operation of a motor vehicle.

f) Outdoor Media (Except Banners) Must Have Structural Integrity To Withstand The

Following:
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Maximum windload capacity of two hundred (200) kilometers per hour;
and,

Earthquakes of a maximum magnitude of 6.0 on the Richter scale.

4g) Allowable Dimensions For Outdoor Media Displays:

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In the case of a free-standing or wall/roof-mounted multiple-faced
outdoor media, the allowable display surface area per advertising face
shall not exceed four hundred fifty (450) square meters; provided, that
the outdoor media and its support structure does not exceed the property
lines of the property on which it stands or the property over which it has
a contract of occupancy; provided further, that the BHL requirements
under this Act are complied with; and, provided finally, that the whole
structure shall be able to withstand a windload of two hundred (200)
kilometers per hour.

No outdoor media 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 or the building roof in the case of
roof-mounted outdoor media, whichever is higher, up to the highest point
of the outdoor medium or any of its components.

h) Maintenance of Outdoor Media:


(1)

(2)

Outdoor Media shall at all times be maintained in a safe and stable
condition.

All

outdoor media, together with the support structure, shall be kept in

repair and in proper state of preservation by the owner thereof.

In addition, the owner shall perform the following:

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Outdoor media shall be inspected by the outdoor media owner
after every occurrence of major typhoons and earthquakes.

Outdoor media shall be jointly inspected on an annual basis by the
‘outdoor media owner and the representative of the Office of the
Building Official (OBO) where the structure is located.

Installed advertising materials of affected outdoor media shall be
automatically lowered upon any official announcement and/or
release of a Typhoon Signal No. 2 bulletin by the Philippine
Atmospheric, Geophysical and Astronomical Services
Administration (or PAGASA).

SEC. 5. Placement of Billboards With Respect To Emergency Exits, Doors and
Windows. — Outdoor media shall not in any manner interfere with the free use or operation
of any fire escape, emergency exit, door, window, standpipe and the like. Outdoor media
shall not be erected, constructed and maintained as to obstruct the safe passage to any
emergency exit, accessibility ramp or other openings. Outdoor media shall not in any
manner interfere with the free use or passage of a fire escape or be so placed as to prevent
compliance with the provisions on easement of light and view as specified in Republic Act
No. 386, as amended, otherwise known as the Civil Code of the Philippines, and other
applicable laws and regulations.

SEC. 6. Permits Required. ~ The following provisions shall govern the procurement of
permits for Outdoor media erected and constructed after the effectivity of this Act:

a)

Except as otherwise provided for in this Act, no outdoor medium shall
hereinafter be erected, constructed or maintained unless the following
permits are obtained by the owner thereof and after the payment of the
prescribed fees:

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A one-time DPWH clearance issued prior to construction by the DPWH
national office or the District Engineer concerned, upon the favorable
endorsement by the DPWH, covering the specific
construction/installation of the outdoor media. The issuance of the
DPWH clearance shall be ministerial once an endorsement has been
issued by the DPWH Secretary or his authorized representative. The
DPWH clearance need not be obtained on an annual basis;

A one-time building permit issued prior to construction by the DPWH,
through the Office of the Building Official of the city or municipality
where the outdoor medium is proposed to be erected or constructed
(080); and,

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(ii) An annual inspection and sign permit issued by the DPWH, through
the Office of the Building Official of the city or municipality where the
outdoor medium is located (OBO), after the conduct of a field
inspection by the Office of the Building Official (OBO) to validate the
structural integrity of the outdoor medium, to determine whether the
same is well-maintained, and to ascertain that no unauthorized
enlargement has been done by the outdoor media owner.

For Banners attached to lampposts, only the annual inspection and sign
permit shall be required.

‘An application for a building or annual sign permit shall be made in writing by
an outdoor media owner on the permit form furnished by the OBO concerned
and shall include such information as may be required for a complete
understanding of the proposed work.

For this purpose, only the following documents and information shall be
required of the applicant:

(1) A cettified true copy of the Certificate of Title (on file with the proper
Registry of Deeds), or tax declaration or current real property tax
receipt, if the applicant is the owner of the property;

(2) A duly-notarized Contract of Lease, if the applicant is not the owner of
the property or building on which the outdoor medium shall stand or
be placed;

(3) Five (5) sets of design plans and engineering specifications of the
proposed outdoor medium;

(4) Clearance from the DPWH;
(5) Clearance from the concerned barangay; and
(6) Clearance from the Outdoor Media Advocacy Group (OMAG).

The application, with the complete set of documents and/or attachments,
shall be filed by the applicant and stamped “Received” by the OBO, indicating
the date and time, with the complete printed name and signature of the
concerned OBO personnel actually receiving the said documents.

The application shall be acted upon, whether favorably or unfavorably, within
fifteen (15) calendar days from the date and time of filing; otherwise, the
same shall be deemed approved by the OBO. If the application is rejected,
the OBO shall issue a pronouncement in writing citing the reason(s) why the
application is rejected, and the applicant shall be given a chance to remedy
the defect(s) within fifteen (15) calendar days from the date and time such
rejection was offically and actually conveyed to the applicant.

The building permit or annual inspection clearance to a qualified entity to
erect, operate, maintain an outdoor medium may be revoked if such is:

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(1) Found to violate any of the provisions of this Act and its IRR; and,

(2) Declared by a court of competent jurisdiction to pose a clear, actual
and present 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. 7. Regulatory Fees of Outdoor Media. - Upon the effectivity of this Act, the
following fees for an outdoor medium shall apply:

a)

b)

2)

d)

A one-time DPWH clearance fee of Two Thousand Five Hundred Pesos
(PhP2,500.00) per outdoor medium, payable (i) Upon filing of the application
for building permit for a new outdoor medium to be constructed after the
effectivity of this Act; or, (ii) Upon filing of the first application for sign permit
for an outdoor medium existing as of the date of this Act.

A one-time building permit fee of Two Thousand Five Hundred Pesos
(PhP2,500.00) per outdoor medium, payable upon filing of the application for
building permit for a new outdoor medium to be constructed after the
effectivity of this Act. This fee shall cover all clearances and permits required
for the procurement of the building permit.

‘An annual inspection and sign permit fee of Two Thousand Five Hundred
Pesos (PhP2,500.00) per outdoor medium, payable on an annual basis upon
filing and approval of the application for the yearly sign permit. This fee shall
cover all clearances and permits required for the procurement of the annual
sign permit. In the case of banners, the fee shall be One Hundred Pesos
(PhP100.00) per banner.

The fee for annual business permits required by the local government units
(LGUs) shall not exceed Two Thousand Five Hundred Pesos (PhP2,500.00),
which shall be payable upon filing and approval of the application for the
yearly business permit.

The fees for the DPWH clearance shall be collected by the Office of the District
Engineer of the locality where the outdoor medium is proposed to be located for remittance
to the DPWH, which shall be the lead agency charged to implement the provisions of this

Act.

The DPWH, in coordination with the other government agencies such as the SMPS
and LGUs, shall use such revenues exclusively to conduct a thorough and regular
countrywide inventory and establishment/maintenance of a database of all outdoor media.

The fees for the building permit and annual sign permit shall be collected by the
Office of the Building Official of the city or municipality where the outdoor medium is located
for remittance to the DPWH. The building and sign permit fees collected shall be used to
defray the cost of inspecting the outdoor medium to ensure strict compliance with this Act
and its implementing rules and regulations on a yearly basis.

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SEC. 8. Abatement of Dangerous Billboards. - The following procedure shall be
observed in the abatement/demolition of outdoor media deemed to be ruinous or

dangerous:

a)

b)

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e)

There must be an official and verified finding or declaration by the Office of
the Building Official of the place where the outdoor medium is located that a
particular outdoor medium is ruinous or dangerous.

Written notice or advice shall be served upon the outdoor media owner of the
outdoor medium or lot/building owner of such finding or declaration, citing
the specific findings and reason(s), and giving him/them at least fifteen (15)
calendar days from receipt of the notice within which to cause repair, abate,
demolish or remove, as the case may be, the ruinous or dangerous outdoor
medium or any part or portion thereof.

Within the said fifteen (15)-day period, the outdoor media owner or
lot/building owner may, if he so desires, appeal to the DPWH Secretary the
finding or declaration made by the Building Official concemed and formally
request for a re-inspection or re-investigation of the affected outdoor
medium. The appeal shall work to stay the execution of the order for repair,
abatement, demolition or removal.

If the appeal is meritorious, the DPWH Secretary shall designate a competent
representative/s other than the Building Official concerned to undertake the
re-inspection or re-investigation of the outdoor medium together with the
outdoor media owner or lot/building owner, or its/their representative. The
representative/s so designated shall make or complete his/their report within
a period of thirty (30) calendar days.

If, after re-inspection or re-investigation, the finding is the same as the one
issued by the OBO being contested, the DPWH Secretary shall, through the
Building Official concerned, notify the outdoor media owner or lot/building
‘owner, giving him not more than fifteen (15) calendar days from receipt of
notice of the results of the re-inspection or re-investigation of affirmed
finding, to make the necessary repair, abatement, demolition and removal of
the subject outdoor medium or parts thereof, as the case may be.

1. If the Building Official has determined that the outdoor medium must
be repaired or abated, the order to be issued shall require that the
work: - (i) physically commence within fifteen (15) calendar days from
the date of receipt by the outdoor media owner or lot/building owner
of such order; and (ii) be completed within such reasonable time as
may be determined by the Building Official.

2. If the Building Official has determined that the outdoor medium must
be demolished, the order shall require that: - (i) the outdoor media
‘owner commence demolition within fifteen (15) calendar days from
the date of receipt by the outdoor media owner or lot/building owner
of such order; and (ji) the demolition be completed within such
reasonable time as may be determined by the Building Official.

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h)

If, after re-inspection or re-investigation, the finding is that the outdoor
medium is neither ruinous nor dangerous, the DPWH Secretary shall, through
the Building Official concerned, notify the outdoor media owner or ot/building
‘owner of such findings and advise him/them that the original notice be
deemed as abandoned.

The decision of the DPWH Secretary on the appeal shall be final.

Upon failure of the outdoor media owner or lot/building owner to comply with
the order of the Building Official or of the DPWH Secretary, in case of appeal,
to repair, abate, dismantle or remove the outdoor medium or any part
thereof after fifteen (15) calendar days from the date of receipt of the order,
the Building Offical shall cause the outdoor medium to be repaired,
dismantled or removed, partly or wholly, as the case may be, with all
expenses therefor chargeable to the outdoor media owner or lot/building
owner.

If the repair, dismantling and/or removal was undertaken by the OBO or the
DPWH, or their representatives, then the materials gathered after the repair,
demolition and/or removal of the outdoor medium shall be held by the OBO
Until full reimbursement of the cost of repair, dismantling and/or removal is
made by the outdoor media owner or lot/building owner which, in no case,
shall extend beyond thirty (30) calendar days from the date of the completion
of the repair, dismantling or removal. After such period, said materials of the
outdoor medium thus repaired, dismantled or removed shall be sold at any
public auction to satisfy the claims of the OBO. Any amount in excess of the
claim of the government realized from the sale of the outdoor medium and/or
materials shall be remitted to the outdoor media owner or lot/building owner.

If the repair, dismantling and/or removal was undertaken by the outdoor
media owner and/or the lot/building owner, as the case may be, then the
materials gathered after the repair, demolition and/or removal of the outdoor
medium shall be for the benefit of the outdoor media owner and/or
lot/building owner.

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

a

b)

©

¢

2)

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

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

Information and description on infrastructure projects;
Official traffic signs, signals, devices and the like; and,

Official signs for memorial or historical places.

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Function and utility of the sign shall be the 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 offidal sign if the commercial
advertising content does not exceed 20% of the total display area.

SEC. 10. Outdoor Media Advocacy Group. - The Outdoor Media Advocacy Group
(OMAG) shall act as the recognized national organization of outdoor media owners and
operators and shall assist the concerned government agency/ies in the implementation and
enforcement of this Act.

Prior to the construction of an outdoor medium, the outdoor media owner shall
secure a written clearance from the OMAG to ensure that the proposed outdoor medium
does not violate its Code of Ethics.

SEC. 11. Penal Clause. - It shall be unlawful for any natural or juridical person to
directly or indirectly erect, construct, enlarge, repair, move, remove or maintain any outdoor
media contrary to or in violation of any provision of this Act.

No officer or employee of the national or local governments, now or hereafter
charged with the enforcement of laws, ordinances or regulations relating to the
construction, erection or alteration of outdoor media, shall endorse the approval of any
plans, designs or specifications which have not been prepared and submitted in strict and
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 a court of competent jurisdiction, be
punished by a fine of not less than thrice the amount of the outdoor medium including its
support structure, but not more than ten times the amount of said outdoor medium
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. 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. 12. Enforcement. - 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, municipal, or barangay governments, or of any political
subdivision thereof, shall, upon the call or request of the DPWH, render immediate and
complete assistance in enforcing the provisions of this Act. The Secretary of Justice or
his/her 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. 13. Transitory Clause and Non-Conforming Outdoor Media, - Outdoor media
existing as of the effectivity of this Act, including those designed/constructed in full
compliance with the National Building Code of the Philippines, its Implementing Rules and
Regulations (IRR) and the Additional Rules and Regulations on Signs and Signboards (ARR),
or in compliance with LGU building codes or ordinances existing as of the approval of this
Act, shall not be covered by Sections 4 and 5 of this Act; provided, that the owners of these
outdoor media, within six (6) months from effectivity of this Act, shall have: - (i) submitted
to the OBO concerned a certification from a duly-licensed structural engineer that the

aS


‘outdoor medium is in compliance with accepted engineering standards and is structurally
sound; and, (ii) filed an application for the appropriate permits, with complete attachments,
and the corresponding fees have been paid. It shall be ministerial on the part of the OBO
concerned to issue the permits and levy the proper fees once the structural engineer's
Certification and complete application is submitted.

Should the outdoor media owner fail to perform the above within the period
prescribed, the DPWH shall dismantle such outdoor media at the expense of the outdoor
media owner.

SEC. 14. Implementing Rules and Regulations (IRR). - Within sixty (60) calendar
days after the effectivity of this Act, the DPWH, in coordination with other agencies of the
national and local governments, and in consultation with the Outdoor Media Advocacy Group
(OMAG) and all stakeholders in the industry, shall adopt and promulgate such rules and
regulations to carry out the provisions of this Act. Such rules and regulations shall become
effective fifteen (15) days following its 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 OMAG shall sit as a regular member of the committee drafting the IRR and shall
assist the DPWH in the formulation thereof.

‘The DPWH shall also prepare and promulgate the necessary guidelines, standards
and manuals of procedure in accordance with the provisions of this Act.

SEC. 15. Oversight Committee. - There shall be a five (5) member oversight
committee in the implementation of this Act composed of the following:

a) The Secretary of Public Works and Highways, or his duly authorized
representative;

b) The Secretary of the Interior and Local Govemmments, or his duly authorized
representative;

©) The Secretary of Finance, or his duly authorized representative;

d) The Secretary of Transportation and Communications, or his duly authorized
representative; and,

e) Representative of the OMAG.

SEC. 16. Separability Clause. - If any provision or part hereof is declared invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC. 17. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation, contracts and other
memoranda of agreement entered into by a government agency, LGU or government-owned
and/or controlled corporation/organization contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified, or amended accordingly.

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SEC. 18. Fffectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two newspapers of general circulation.

Approved,

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