FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —).
First Regular Session )

3159

HOUSE BILL NO.

Introduced by HON. LEOPOLDO N. BATAOIL

EXPLANATORY NOTE

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

‘The foregoing lines in a billboard posted somewhere along the periphery of the North Luzon
Expressway once caught my attention and my fascination thereof remains to these days.

Indeed, a good ad lingers in people's minds; its recall value prods 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 owing to its effectiveness in capturing the
attention of the intended market, as well as for its cost-efficiency as a medium of advertising vis-d-
vis broadcast media.

The laws regulating billboards are scattered elsewhere in our statute books - in the outdated
Building Code of the Philippines of 1972 (RA 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 billboards. 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.

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 billboards 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 the bill is exceedingly recommended.

c

=
LEOPOLDO N.)BATAOIL
Representative, 24 Diftrict of Pangasinan


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3159

Introduced by Hon. 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 Industry

Act of 2010.”

SECTION 2. Declaration 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 industry without
arbitrarily impairing free private enterprise and unduly curtailing the people’s freedom of
expression.

SECTION 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 (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

c. “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 multimedia or tri-vision display, neon or
other illuminated and painted signs and the like.


“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.

“DPWIL” 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 the National Building Code
(NBC) and its Implementing Rules and Regulations (IRR)

“IRR” means Implementing Rules and Regulations.

“Legal Easement” shall be defined under the New 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 to 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.


t “Official Signs” mean directional or informative signs, including 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.

8. “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 Out-Of-Home Media or 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.

u. “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.

vy. “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.

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

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

y. “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.

z, “RRROW” means the railroad-right-of-way consisting of 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.

aa, “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.

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

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“Sign Permit” refers to the permit secured from the appropriate LGU for installation,
attachment, painting of any form of Outdoor Media display,

dd. “Sponsored Public Signs” are traffic, informational, public service signs or a
combination thereof that partially show or advertise the sponsor’s business, activity,


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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.

ee. “SMPS” means the Special Metropolitan Political Subdivision as defined by Section
11, Article X of the 1987 Constitution of the Republic of the Philippines, such as the
Metropolitan Manila Development Authority (MMDA).

ff, “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.

‘emporary 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(s)

hh. “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.

ii, “Video Billboard” refers to an Outdoor Medium with video display.

ij. “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.

kk, “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.,

ll. “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.

SECTION 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:

1. 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 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,

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imitate or resemble official traffic signs, signals or devices, or prevent a clear and
unobstructed view of Official Signs in approaching or merging traffic.

2. The outermost portion or projection of an Outdoor Medium or its Support
Structure or its lighting system shall be located at least one and a 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.

3. 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.

4. 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.

5. No part of an Outdoor Medium including its support structure shall be
installed or constructed upon natural growths such as trees, rocks, and the
like

. Position Within Private And Proprietary Properties Outside RROWS, RRROWS,

ROWS and Legal Easements:

1, 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

2. No part of an Outdoor Medium shall be placed on, within or over any private
property or any proprictary property of the national government or any of its
political subdivisions or agencies or government-owned and/or controlled
corporation without the written consent of the property owner or lawfull possessor
of the property or their duly authorized representative

3. 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:


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 underncath 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 and provides a clear vertical distance of at least
four (4) meters for passing pedestrians.

Billboard Spacing and Density

1

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.

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e. Display Content and Lighting:

1. All display Content for Outdoor Media and temporary signs must conform to the
standards set by the Advertising Board of the Philippines (ADBOARD) and the
Advertising Standards Council (ASC). Censorship of Content shall be within the
sole jurisdiction of the ADBOARD and the ASC.

2. 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

3. 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.

4. 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.

5. 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.

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

1. Maximum wind load capacity of two hundred (200) kilometers per hour; and,

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

g. Allowable Dimensions For Outdoor Media Displays

1. 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 wind load of two
hundred (200) kilometers per hour.

2. 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

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Media, whichever is higher, up to the highest point of the Outdoor Medium or any of its
components

h. Maintenance of Outdoor Media:

1

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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.

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).

Installed advertising materials of affected Outdoor Media shall be automatically lowered
by the Outdoor Media owner 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).

SECTION 5. Placement of Billboards with respect to Emergency Exits, Doors and Windows,
and Firewalls. - 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 of the
‘New Civil Code of the Philippines and other applicable laws and regulations. Firewalls shall not be used
as mounting surfaces for billboards and other types of display.

SECTION 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 afier the payment of the prescribed fees:

1.

‘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 (OBO); and,


3. 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), afler 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 Operator.

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

required

a. An application for a building or annual sign permit shall be made in writing by an
Outdoor Media Operator 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 certified 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 Advertising Association of the Philippines (OAAP),

b. 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 officially and actually conveyed to the
applicant


d. The building permit or annual inspection clearance to a qualified entity to erect, operate,
maintain an Outdoor Medium may be revoked if such is:

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.

SECTION 7. Regulatory Fees of Outdoor Media. ~ Upon the effectivity of this Act, the
following fees for an Outdoor Medium shall apply:

a. 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,

b. 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.

c. An annual inspection and sign permit fee of Two Thousand Five Hundred Pesos
(PhP2,500.00) per Outdoor Medium, payable 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.

d. The fee for annual business permits required by the local government units (LGUs) shall not
exceed Two Thousand Five Hundred Pesos (PhP2,S00.00), 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 other LGUs, shall use such revenues to conduct a
thorough countrywide inventory 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 for compliance with this Act and its implementing rules and regulations on a yearly
basis.

SECTION 8. Abatement of Dangerous Billboards. - The following procedure shall be observed
in the abatement/demolition of Outdoor Media deemed to be ruinous or dangerous:

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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 the Outdoor
Medium is ruinous or dangerous.

Written notice or advice shall be served upon the Outdoor Media Operator of the
Outdoor Medium or lov/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 and
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 Operator or lot/building
‘owner may, if he so desires, appeal to the DPWH Secretary the finding or declaration
made by the Building Official concerned 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 Operator or lot/building owner, or  its/their representative/s. 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 Operator 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. Ifthe 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 Operator 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 Operator
‘commence demolition within fifteen (15) calendar days from the date of receipt
by the Outdoor Media Operator or lot/building owner of such Order; and (ii) the
demolition be completed within such reasonable time as may be determined by
the Building Official

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

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Official concerned, notify the Outdoor Media Operator or lot/building owner of such
findings, with an advice to disregard the original notice.

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

h, Upon failure of the Outdoor Media Operator 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 Official shall cause
the Outdoor Medium to be repaired, dismantled or removed, partly or wholly, as the
case may be, with all expenses therefore chargeable to the Outdoor Media Operator or
lot/building owner.

SECTION 9. Official Signs Exempted. - The following official signs 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 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 official sign if the commercial advertising
content does not exceed 20% of the total display area.

SECTION 10. Outdoor Advertising Association of the Philippines. — The Outdoor
Advertising Association of the Philippines (OAAP) shall act as the recognized national
organization of Outdoor Media Operators and shall assist the concerned government
agency/agencies in the implementation and enforcement of this Act.

Prior to the construction of an Outdoor Medium, the Outdoor Media Operator shall
secure a written clearance from the OAAP to ensure that the proposed Outdoor Medium does not
violate the OAAP’s Code of Ethics.

SECTION 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 of
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alteration of Outdoor Media, 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 a court of competent jurisdiction, be
punished by a fine of not less than thrice the value of the Outdoor Medium including its Support
Structure, but not more than ten times the value 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.

SECTION 12. 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, 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.

SECTION 13. Transitory Clause and Non-Conforming Outdoor Media, — Outdoor
Media existing as of the effectivity of this Act, including those designed or constructed in full
compliance with the National Building Code and its Implementing Rules and Regulations (IRR)
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: (i) submit to the OBO concerned
a certification from a duly-licensed structural engineer that the Outdoor Medium is in
compliance with accepted engineering standards and is structurally sound; (ii) file an application
for the appropriate permits, with complete attachments; and, (iii) pay the corresponding fees. It
shall be ministerial on the part of the OBO concemed to issue the permits and levy the proper
fees once the structural engineer’s certification and complete application is submitted.

Should the Outdoor Media Operator fail to perform the above within the period
prescribed, the DPWH shall dismantle such Outdoor Media at the expense of the Outdoor Media
Operator.

SECTION 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 Advertising Association of
the Philippines (OAAP) 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 OAAP shall sit as a regular member of the committee drafting the IRR and shall
assist the DPWH in the formulation thereof.
B


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

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

e.

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

The Secretary of the Interior and Local Governments, or his duly authorized
representative;

The Secretary of Finance, or his duly authorized representative;

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

Representative of the OAAP.

SECTION 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,

SECTION 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.

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

Approved.