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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No.5916

Introduced by Representative Rex Gatchalian

AN ACT
REGULATING THE PLACEMENT AND CONTENT OF BILLBOARDS
INCLUDING THEIR SUPPORT STRUCTURES

EXPLANATORY NOTE

In recent years, there has been a steady growth of the number of billboards
along major thoroughfares. This has sparked concerns among Filipinos, especially
those regularly traversing these roads due to the concomitant dangers that come
with erecting these billboards, such as distraction from driving and the integrity of
the structures. Back in 2011, the Metro Manila Development Authority implemented
“Operation roll down baby” wherein they have taken down advertisements on
billboards along the Epifanio Delos Santos Avenue (EDSA) which have failed to meet
the safety standards set by the National Building Code (NBC).! Specifically, the NBC
prohibits the construction of any sign or signboard which unduly obstruct the
natural view of the landscape, distract or obstruct the view of the public as to
constitute a traffic hazard, or otherwise defile, debase, or offend aesthetic and
cultural values and traditions.?

11 years later, the problem has persisted and even worsened. Thus, on 21
March 2022, Former President Rodrigo Duterte signed Executive Order (EO) No. 165,
which prescribes regulations on out-of-home advertising signs and billboards. This
updates the supplements the rules on non-mobile advertising signs and billboards
under the NBC and its Implementing Rules and Regulations. It also prescribes

' Rhandell Rubio, Philippines cracks down on unsafe billboards in major thoroughfare Read more at
‘https: / /www.campaignasia.com /article/ philippines-cracks-down-on-unsafe-billboards-in-major
thoroughfare/257241, Campaign (12 Mat 2011), available at https: //www.campaignasia.com /article  philippines-
cracks-down-on-unsafe-billboards-in-major-thoroughfare/257241

2 P.D. 1096, Sec. 2001(b)

ZL DATE November 8, 2022 %p


minimum standards to harmonize national and local rules and regulations as part
of the strategies of ease of doing business, and in facilitating self-regulation within
the advertising industry.

This bill further strengthens the aforementioned EO by:

(1) Providing specific standards in putting up billboard structures;

(2) Directs uniformity and consistency in installing traffic signs in all cities and
municipalities;

(3) Mandating adherence to a code of ethics for advertisements and promotions
(the content and messages being conveyed, among others); and

(4) Imposes a billboard clearance requirement prior to issuance of local and
national structural clearances and permit.

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

IN. REX GATCHALIAN
Representative
1X District, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5916
eS S—————EEEEeeeESS

Introduced by Representative Rex Gatchalian

——

AN ACT
REGULATING THE PLACEMENT AND CONTENT OF BILLBOARDS
INCLUDING THEIR SUPPORT STRUCTURES

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

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

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
ensure an improved quality of life for all through continuing efforts to improve the
natural and physical environments and to preserve public spaces as public domain
and to regulate the use of such spaces for private enjoyment or benefit. Towards this
end, the State shall:
1) promulgate measures to institutionalize the mechanism for the regulation
of billboards;
2) provide clear guidelines in the size and spacing of proper billboard
installation;
3) achieve visual order to enhance the scenic view of the environment; and

4) promote public peace, health, welfare and safety of the people.

SEC. 3. Coverage. - This Act shall apply to all existing and proposed
advertising signs, billboards, display signs, electrical signs, light emitting diode (LED)
signs and billboards, ground signs, roof signs, and sign structures, hereinafter
referred to as the “regulated signs,” along major thoroughfares, public roads,
secondary roads, avenues, streets, roads, parks and open spaces within Metro
Manila and other cities and municipalities.


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SEC. 4. Definition of Terms. - As used in this Act:

a) Advertisement refers to a notice or announcement calling the attention of
the public through the use of posters, banners, billboards or any
advertising signs;

b) Advertising sign refers to a notice or announcement that directs attention
toa business, profession, commodity, service or entertainment conducted,
sold or offered at a place other than where the business, profession,
commodity, or service is located. It is also known as an off-premise sign;

©) Ad Standards Council refers to a non-stock, non-profit organization which
aims to promote truth in advertising through self-regulation of advertising
content which is recognized by the Philippine Association of National
Advertisers (PANA), Association of Accredited Advertising Agencies-
Philippines (4As) and other parties who own or exhibit advertising content;

d) Billboard refers to all types of identification, description, illustration,
images, pictures, display or device which is affixed to or represented
directly or indirectly upon a portion of a building or structure, support
structure or land and which directs attention to a product, place, activity,
person, institution, business, idea or belief. The term shall be generic and
shall collectively include multi-media or tri

ion billboards, neon or other
illuminated signs, painted signs and the like. It consists of a support
structure, a display or message area, a lighting system and its related
components.

€) Building refers to a three-dimensional physical development erected within
a lot or property or any combination of or alll of its three different levels (at
grade, below grade, above grade). The term buildings or structures as used
in this Act shall invariably refer to both proposed and existing physical
developments within a lot;

f) Business sign refers to an accessory sign that directs attention to a
profession, business, commodity, service or entertainment. A business
sign may be On-premise, when the sign is placed on the location where the
profession, business, commodity, service or entertainment is conducted,
sold or offered or Off-premise, when the sign is placed in a location other
than where the profession, business, commodity, service or entertainment
is conducted, sold or offered;


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2) Display surface refers to the entire area enclosed by the extreme limits or
perimeter of a sign;

h) Ground sign refers to a sign with support resting on the ground, the base
of which range from a single pole to double-pole, and does not exceed ten
(10.0) square meters as one (1) unit.

i) LED signs or boards refer to signs and billboards using Light Emitting
Diodes technology which digital readouts are displayed and mounted on
walls or buildings or with support resting on the ground;

i) Major thoroughfares refer to a public street or highway which is a major
artery leading to other parts of Metro Manila and nearby provinces with a
minimum width of ten (10.0) meters, mostly maintained by the National
Government;

k) Nits refers to candela per meter squared which is the international unit of
measurement of luminance;

1) Projecting signs refer to notices or announcements fastened to, suspended
from or supported on a building or structure, the display surface of which
is perpendicular from the wall surface or is at an angle therefrom;

m) Regulated signs refer to existing and proposed advertising signs,
billboards, display signs, electrical signs, digital or electronic billboards,
LED signs or boards, ground signs, roof signs and sign structures along
major thoroughfares, public roads, secondary roads, avenues, streets,
roads, parks and open spaces;

n) Road-Right-Of Way or street refers to a parcel of land unobstructed from
the ground to the sky, more than three (3.0) meters in width, appropriated
to the free passage of the general public;

0) Roof sign refers to a sign installed on roofs, roof decks, and the horizontal
least cross-sectional area in case of supporting frame does not exceed ten
(10.0) sq. m. for such framed structure resting entirely on the roof.

p) Setback refers to the horizontal distance measured ninety (90) degrees
from the outermost face of the building or structure to the property lines;

q) Sign structure refers to means employed to support the installation of signs
and this includes the structural frame, anchorages and fasteners to
support and suspend such signs. A building where a roof sign is installed
entirely on its roof is not part of the sign structure;


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1) Temporary sign refers to a notice or announcement using cloth or other
light or combustible material, with or without a frame such as streamer,
bills, posters and the like installed for a limited period of time;

s) Wall sign refers to a notice or announcement painted on, attached to or
fastened to the surface of the wall or any part of a building or structure
the display surface of which is parallel to the wall surface.

SEC. 5. Guidelines for the Application of Billboard Clearance. - Any billboard

erected, modified, retrofitted, rehabilitated or otherwise altered and thereafter
exhibited after the effectivity of this Act shall comply with the following requirements
and conditions:

a) Setback Requirements - For new regulated signs, it shall have an eight (8)
meters setback from the property line to the edge of the billboard. The
existing regulated signs must have a setback of not less than five (5.0)
meters.

b) Size of Display Surface - Regulated signs and sign structures, including
LED and other electronic signs and billboards, shall not exceed forty
inches (40) x sixty inches (60) which is equivalent to two thousand four
hundred (2,400) square feet or equivalent to two hundred sixteen (216)
square meters inclusive of the space required for the landscape or vertical
gardens.

©) Height of Billboard Structures - Ground signs and sign structures along
Epifanio delos Santos Avenue (EDSA), Circumferential Road (C-5) and
Commonwealth Avenue shall have a maximum thirty-six (36.0) meters
height and minimum twenty-four (24.0) in height from the ground. In all
the other areas, the height limits for billboard and billboard structures
shall be determined by the local government units in their respective local
zoning ordinances.

d) Minimum Distance Between Signs - No new billboard or billboard structure
shall be located within the distance of one hundred (100) meters from
existing billboards. In some areas where more than one billboard structure
can be constructed side-by-side, the distance should be three (3) meters
apart.

©) Non-obstruction of Traffic Signs - No regulated sign shall be installed in
such a manner as to confuse or obstruct the view or interpretation of any
official traffic sign, signal or device.


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{) Non-obstruction of Landscape - No regulated sign shall be constructed as
to unduly obstruct the natural view of the landscape, distract or obstruct
the view of the public as to constitute a traffic hazard, or otherwise defile,
debase or offend aesthetic and cultural values and traditions.

g) Billboards-free Zones - No billboard or billboard structures shall be
constructed in areas of historical sites, tourist destinations and parks.
Neither shall they be installed near power stations and institutional
establishments like hospitals, schools and other academic or learning
facilities.

h) Restrictions on Combustible Materials - All regulated signs installed in
highly restrictive Fire Zones as defined in Presidential Decree No. 1096,
otherwise known as the “National Building Code of the Philippines” and its
Implementing Rules and Regulations (IRR) shall have structural members
of incombustible materials. Ground signs may be constructed of any
material meeting the requirements of the National Building Code.
Combination signs, roof signs, wall signs, projecting signs and signs on
marquees shall be constructed of incombustible materials. No combustible
materials other than approved plastics shall be used in the construction
of electric signs.

i) Clearances from Fire Escapes, Exits or Standpipes - No regulated sign shall
be installed in such a manner that any portion of its surface or supports
will interfere in any way with the free use of any fire escape, exit, or
standpipe.

i) Obstruction of Openings - No regulated sign shall obstruct any opening to
such an extent that light or ventilation is reduced to a point below that
required by the National Building Code. Regulated signs installed within
1.50 meters of an exterior wall in which there are openings within the area
of the regulated sign shall be constructed of incombustible material or
approved plastics.

k) Roof Signs - Installation of roof signs shall be allowed subject to the
provisions of the local zoning ordinance of the concerned local government
unit. In addition, a maximum size of two hundred sixteen (216) square
meters shall be allowed and the height limit shall be in accordance with
allowable height limit contained in the zoning ordinance and the building
permit issued by the local government unit. Building name or building sign


shall be allowed but shall not exceed one-fourth (1/4) of the area of the
supporting roof.

The owner or operator of the roof sign shall be required to submit a
Certification prepared, signed and sealed by a civil or structural engineer
confirming the structural stability and worthiness of the existing building
that it is still safe to carry the proposed roof sign.

1) Wall Sign - Wall signs shall be placed on the exterior perimeter walls of the
building and maybe allowed to cover the entire surface of blank walls
provided that it shall not exceed the roofline and cover or obstruct windows
and any openings such as fire exits.

Wall signs should follow the roll down procedure during inclement
weather. For wall mounted LED signs, they shall be treated as wall signs
subject to luminance regulations which should not exceed the limits of the
wall.

The owner or operator shall be required to submit a certification prepared,
signed and sealed by a civil or structural engineer confirming the
structural stability and worthiness of the existing building that it is still
safe to carry the proposed wall sign. The consent of the neighbor should
be submitted as a requirement for clearance.

m) Material Requirement - Sign structures carrying signs and signboards
made of banners, pennants, tarpaulins and other similar non-rigid
materials shall not be installed near power lines and shall maintain a
horizontal clearance from such power lines in accordance with Rule XIII,
Table XIII.1 of the National Building Code IRR.

n) Clearance from High Voltage Power Lines - Clearances of regulated signs
from high voltage power lines shall be in accordance with the Philippine
Electrical Code. In areas near electrical distribution facilities including
that of any power substations, the minimum horizontal distance measured
from the property line abutting the RROW and all the adjoining properties
to the nearest base of the sign structure shalll be the height of the structure
plus one (1.0) meter.

0) LED Signs or Boards, Electronic Signs and Digital or Electronic Billboards -
LED Signs and Boards, electronic signs and digital or electronic billboards
shall have a maximum size of two hundred sixteen (216) square meters.
Its brightness must be five thousand (5,000) nits during the daytime and
four hundred (400) nits at nighttime. They shall be equipped with outdoor


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sensors to ensure that standard brightness or luminance is complied with
to ensure tolerable and safe levels including time delay for power surges to
avoid glare when powering up at nighttime.

Their installations should be duly certified by structural engineers to carry
a two hundred forty to two hundred fifty (240-250) kilometers per hour
(Kph) wind load capacity and must be placed above traffic lights.
Prohibited Signages - All regulated signs, temporary signs and LED signs
installed over or across or straddling along public thoroughfares, center
islands and RROW, whether it be a national road or secondary road are
strictly prohibited except those approved by the Metropolitan Manila
Development Authority (MMDA) in Metropolitan Manila, pursuant to its
programs and policies, or the respective local government unit (LGU) in
other areas, whose main messages and majority of the LED area space
shall be for traffic, public emergency and government announcement
purposes or contributes in the enhancement and improvement of
applicable road infrastructure and furniture consistent with the programs
of the MMDA and the Department of Public Works and Highways (DPWH).
Markers of historical sites and tourist destinations including directional
signs shall not be combined with advertisement signs even if these are
sponsored by private businesses.

It shall likewise be unlawful for any person, private and public
corporations, advertising and promotion companies, movie producers,
professional and service contractors to post, install, display any kind or
form of billboards, signs, posters and other visual clutters in any part of
the roads, sidewalk, center island, posts, trees and open spaces.

No signs shall be installed in trees, electric or lighting posts, center islands,
side strips and fences that will destroy, alter, or deface the natural
landscape or seascape of historical sites and tourist destinations.
Automatic Dismantling During Inclement Weather - All regulated signs,
temporary signs and LED signs along covered areas shall automatically be
put down or turned off by the owners and advertisers upon the
announcement by the Philippine Atmospheric Geophysical and
Astronomical Services Administration (PAGASA) that there would be a low-
pressure area or other weather disturbance. In case of failure of the

billboard owners and advertisers to comply with this Section, the MMDA


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in Metropolitan Manila, and the concerned LGU in other areas, shall put
down the aforesaid advertising material at the expense of the owners.

1) Ad Standard Council Screening - To conform with the standards for
advertising content, all out-of-home (OOH) billboard advertising materials
shall be screened by the Ad Standard Council (ASC) and assigned an ASC
screening reference number that shall be prominently displayed with the
displayed or exhibited advertising material. Non-compliant billboards
referred to the ASC which do not comply within five (5) days shall be rolled-
down by the MMDA in Metropolitan Manila and the concerned LGU in
other areas.

For purposes of this Section, out-of-home (OOH) media refers collectively
to all forms of media outside the home that carry advertising messages for

consumer audiences.

SEC. 6. Uniformity and Consistency of All Traffic Signs. ~ All traffic signs to be
installed in all streets of Metro Manila and in other cities or municipalities, whether
local or national roads, shall conform to the international standards as to design and
installation specifications embodied in the “Philippine Road Signs Manual” or
subsequent revisions thereof. Structural specifications shall be in accordance with
DPWH standards.

In case of road signs for traffic improvement projects such as one-way system,
alternate or detour routes, U-turn slots and the like, appropriate design plan shall
be coordinated with the MMDA in Metropolitan Manila or the concerned LGU in other

areas prior to installation and implementation.

SEC. 7. Adherence to Code of Ethics. - All advertisers, owners and operators
of billboards shall adhere to the ASC’s Code of Ethics for advertising and promotions
that regulate the content of the advertising signs and the meaning of the message,
including its words and visuals, being conveyed by the sign, which must not be
offensive and should conform to accepted moral standards.

No outdoor advertiser or billboard operator shall display or cause to be
displayed upon any advertising structure or sign, any statement or words of an
obscene, indecent or immoral character, or any visual that goes against public
morals or decency.


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SEC. 8. Review of Advertising Content. - The review of the contents of
regulated signs including digital or electronic billboards, moving or static LED signs,
and liquid crystal display (LCD) advertisements shall be administered and regulated
by the Movie and Television Ratings and Classification Board (MTRCB). The billboard
owner or operator shall forthwith be notified if the content of the advertisement
defiles, debases or offends aesthetic and cultural values and traditions and shall
require them to modify the content of the billboard accordingly. The findings of the
MTRCB shall not be subject to appeal.

SEC. 9. Billboard Clearance. - All owners and operators of existing regulated
signs, billboards and structures along major thoroughfares shall be required to
secure a clearance from the MMDA for the Metropolitan Manila or the LGU Building
Official with regard to other areas. The clearance shall be made a requirement prior
to the issuance of locational and structural clearances and permits. A clearance
granted prior to the effectivity of this Act shall be suspended pending compliance of
the requirements.

The clearance shall ensure compliance with the requirements on setback, size
of display surface, height, minimum distance between signs, as well as clearance
from power lines, location, structural stability and zoning.

All applications for billboard clearance shall be required to pay the following
to the MMDA or to the concerned LGU:

a) P1,000.00 upon filing of the application;

b) P5,000.00 annual inspection fee;

c) P2,000.00 clearance fee.

The clearance shall be valid for one (1) year, unless sooner revoked for
violation of this Act and other applicable laws or ordinances concerning billboards.
An application for renewal shall be made not later than thirty (30) days after the
expiration of the clearance: Provided, That the billboard has not been altered or
modified. Failure to comply within the said period, shall cause the MMDA or LGU to
remove or roll down the advertising material installed after due notice, and the cost
or expenses incurred shall be chargeable to the owner or operator of the regulated
sign, business sign or wall sign.

SEC. 10. Billboard Permit Required. - No billboard shall hereinafter be erected,
constructed, maintained or altered until a billboard permit has been issued by the
Building Official of the LGU concerned after payment of the required fees. An


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application for a billboard shall be made in writing by a duly licensed outdoor
advertising company or by legitimate entities with in-house outdoor advertising
services on the permit forms furnished by the authorities concerned and shall
include such information as maybe required for a complete understanding of the
proposed work.

‘The construction and erection permit or annual inspection clearances issued
by the LGU for a qualified entity to erect, operate, and maintain a billboard may be
revoked by the DPWH if the billboard is

a) In violation of any provision of the National Building Code or its Implementing

Rules and Regulations or poses a clear threat to public welfare, safety and
health; or
b) In violation of any provision of this Act or its Implementing Rules and
Regulations or of any provision of subsequent derivative rules and regulations
as subsequently promulgated by the DPWH.
The permit or clearances issued by the MMDA and the LGU for the erection,
operation, and maintenance of a billboard and revoked by them, may be officially
reinstated if the violations found have been properly addressed or remedied.

SEC. 11. Administrative Fines and Sanctions. - After the effectivity of this Act,
the following fines shall be imposed on any person, corporation, partnership, or
juridical entity found violating the size and height requirement for outdoor
advertising as provided in this Act:
a) The fine shall be computed at P100.00 per square foot of the surface space
of the advertising material.
b) Government offices or agencies with non-compliant government signs shall
be charged P25.00 per square foot.
c) A surcharge of Twenty Five Percent (25%) of the penalty shall be added for
failure to pay the fine within seven (7) days upon receipt of notice thereof.
d) Operators shall be given ninety (90) days from receipt of notice of violation
to comply or retrofit the non-compliant billboard structure based on the
rules and regulations hereof. Failure to retrofit within the said period from
receipt of notice, shall cause the dismantling/removal of the billboard and
the cost for such shall be for the account of the billboard owner.
¢) For new applications of regulated signs, any billboard structure or
commercial structure erected or installed prior to the release of the MMDA
or LGU billboard clearance shall be covered by the following sanctions:

10


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i, First Offense - Warning and a fine in the amount of Ten thousand

pesos (P10,000.00);

Second Offense - Prohibition from installing advertising material for

two (2) years and a fine of Twenty thousand pesos (P20,000.00); and

iii. Third Offense - Non-issuance of billboard clearance for the subject
billboard structure and a fine of One hundred thousand pesos
(P100,000.00).

SEC. 12. Transitory Provisions. - All owners and operators of existing
regulated signs and billboard structures are given six (6) months from the approval
of this Act to retrofit their billboards as to size of display surface, height, minimum
distance between signs, as well as clearance from power lines, location, structural
stability and zoning in order to conform with the provisions herewith stated.
Structures that do not comply with the requirements after six (6) months may be
subject to summary dismantling by the MMDA or the LGU, and appropriate charges
shall be filed against its owner or operator.

Without prejudice to whatever legal action the MMDA or the LGUs may take,
all owners and operators of existing regulated signs and sign structures without valid
permits and clearances are required to apply for building permits and other required
permits and clearances immediately.

‘The MMDA and the LGUs concerned may grant a reasonable period of time
for the owners and operators of existing regulated signs and sign structures to
comply with the requirements in the preceding paragraph.

SEC. 13. Implementing Rules and Regulations. - Within sixty (60) days from
the approval of this Act, the Secretary of Public Works and Highways shall, in
consultation with the MMDA and the various stakeholders from the advertising
industry, promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 14. Separability Clause. - If any provisions or part hereof, is held invalid
or unconstitutional, the remaining parts or the provisions not otherwise affected
shall remain valid and subsisting.

SEC. 15. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation,

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contrary to or inconsistent with the provisions of this Act is hereby repealed,
amended or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general

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circulation in the Philippines.

Approved,