Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular session

House Bill No. 5008 _

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

Section 9, Article 2 of the 1987 Constitution provides that: “The State
shail promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that
provide xxx an improved quality of life for all.” The growing number and sizes of
the billboards in EDSA and practically along every major metropolitan
thoroughfare with high vehicular and pedestrian traffic has become a serious
concern ~ for the life and limb of commuters and pedestrians and the dizzying
contents of some billboards that distract commuters.

Apparently, the advertisers believe that the larger and more
overwhelming the size of the billboard, the better it would be for promoting
their products. While that may benefit the advertisers, the billboards foisted on
the hapless commuters actually degrade the quality of the streetscape
experience. The road-right-of-way (RROW, commonly termed the “street”) is
public domain and for the general public to use, enjoy and experience. Instead,
parts of the RROW/street have become claustrophobic, unsafe and unkempt
mainly due to the overwhelming presence of billboards and their steel support
structures, The streetscape has become one large, convoluted and cluttered
canvass of oftentimes unwanted visual information. Non-mobile billboards now
contribute to a new kind of pollution - one that is visual, without even
mentioning some moral questions engendered by some



There is a definite need to restore order in our streets and in our
properties and we can start by correcting mistakes spawned by the liberal
interpretations on the intent of laws on buildings and structures as these apply
to billboards.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House BillNo. _ 5008

Introduced by Honorable Sherwin T. 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. - |t 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

institutiona r

e the mechanism for the regulation of billboards, 2) provide
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,
hereinalter 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.

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 to a 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;

c} Ad Standards Council refers to the 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-vision 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 all 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;

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

h) Electrical Signs or boards refer to any sign which has characters,
letters, figures, designs, faces, backgrounds or outline illuminated by
incandescent or fluorescent lamps or luminous tubes as part of the sign. These

light sources are external or internal. It shall include static light emitting diode

(LED) signs;


i) 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.

j) LED Signs/Boards shall mean 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;

k) Major thoroughfares refers 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;

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

m) — 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;

n) 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;
0) 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;


p) — 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.

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

rn 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;

s) 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;

ty Wail 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
feet (40) x sixty feet (60) which is equivalent to two thousand four hundred
(2,400) square feet or equivalent to two hundred sixteen (216) square meters.

Cc. 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.

E.  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.

F. _ 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.

J. 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

ification 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.

L. 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
XILIL.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 shall 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
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 night time.


‘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.

All owners and operators of LED billboards shall allow emergency
notifications issued by the government during times of calamities as well as

promotional images on Philippine arts and culture in coordination with the

Department of Tourism, National Commission for Culture and the Arts and
other concerned government agency as the need arises, for public
information / awareness.

P. 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.

Q. 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 in Metropolitan Manila, and
the concerned LGU in other areas, shall put down the aforesaid advertising
material at the expense of the owners. The MMDA/LGU shall hold the
dismantled regulated signs, including temporary and LED signs, until full
reimbursement of the dismantling and removal which shall not extend beyond
fifteen (15) days. After such period, the owner/advertiser shall be liable to pay
the fine equivalent to twice the amount of the structure dismantled.

R. 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 thercof. 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.

SE

. 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 regulating the content of the advertising signs, meaning the
message, including its words and visuals, being conveyed by the sign 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.

SEC. 8. Review of Advertising Content. - The review of the contents of
regulated signs including digital or electronic billboards, moving or static LED
sigs, and liquid crystal display (LCD) advertisements shall be administered and
regulated by the Movie and Television Ratings and Classification Board
(MTRCB}. The MTRCB, motu propio, or upon a complaint, notify the billboard
owner or operator that 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 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. A clearance shall be issued only
upon compliance with the requirements on setback, size of display surface,
height, minimum distance between signs, as well as clearance from power
lines.

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;

¢) 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. The
MMDA/LGU shall hold the dismantled regulated signs, including temporary
and LED signs, until full reimbursement of the dismantling and removal which
shall not extend beyond fifteen (15) days. After such period, the
owner/advertiser shall be liable to pay the fine equivalent to twice the amount
of the structure dismantled.

SEC. 10. Billboard Permit Required. ~ A permit shall hereinafter be
required before any billboard may be erected, constructed, maintained or
altered. The billboard permit shall be issued by the Building Official of the LGU
concerned after payment of the required fees. An application for a permit to
construct 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. Penalties. - 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 one (1) year 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:

i) First Offense - Warning and a fine in the amount of Ten thousand
pesos (P10,000.00);

ii) 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. Joint and Solidary Liability. - The liability of the client, and
the advertising agent, owner or operator of the regulated sign, for any penalty
imposed under Section 11 of this Act shall be joint and solidary.

For purposes of this section a client refers to any person, whether natural
or juridical, for which the advertisement in the regulated sign was

commissioned.


SEC. 13. Transitory Provisions. - All owners and operators of existing
regulated signs and billboard structures are given one (1) year 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 one (1) year 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. 14. 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. 15. 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 sub:

ing.

SEC. 16. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation,
contrary to or inconsistent with the provisions of this Act is hereby repealed,
amended or modified accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,