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

FIFTEENTH CONGRESS
First Regular Session

1842

House Bill No.

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE

The proliferation of billboards cluttering our cityscape, and the inherent
and acquired danger it poses to life and safety remains to be a relevant and
urgent issue we must address the soonest. Although almost a year now when the
country experienced the perilous effects of giant billboards standing against
typhoon winds, the said tragic plight that resulted to the death of some might
happen again unless a more effective and appropriate police power regulation
with stiffer penalty is enacted.

Notwithstanding the right of the public to information and the right of
billboard operators to enter into a contract, still the billboard -industry must be
regulated in view of the more compelling duty of the State to protect the welfare
and safety of its citizens.

Jurispruderice maintains that a law enacted in the exercise police power to
regulate or govern certain activities and transactions could be given retroactive
effect and may reasonably impair vested rights or contracts, and is applicable not
only to future contracts, but equally to those already in existence. In deed, non-
impairment of contracts and vested rights clauses will have to yield to the
superior and legitimate exercise by the State of the police power.

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

Ayn Teice
MARCELINO “MARCY” R. TEODORO

Representative, 1* District
City of Marikina


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

FIFTEENTH CONGRESS
First Regular Session

House Bill No 1842

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE
OF BILLBOARDS AND FOR OTHER PURPOSES.

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

Section 1. Short Title — This Act shall be known as the “Billboard
Regulation Act of 2010.”

Sec. 2. Declaration of Policy — It is a declared policy of the State to
safeguard life, health, property, and public welfare, consistent with the principles
of environmental management and control; and to this end, make it the purpose
of this Act to regulate the construction and installation of billboards and other
similar structures.

Sec. 3. Definition of Terms -. For purposes of this Act, the following term
shall have the corresponding meaning:

(a) “Air Right” means the right to legally exploit, make use of and benefit
from the air space above the roads, right-of-ways, legal easements or any
private/public property.

(b) “Billboard” means an illustration, identification, description, or device
affixed to or represented directly or indirectly upon a building, structure, or
land, which is permanent in character and which directs attention to a
product, place, activity, person, institution or business.

(c) “DILG” means Department of Interior and Local Government

(d) “DPWH” means the Department of Public Works and Highways.

(e) “DOT” means the Department of Tourism.

(f) “DOTC” means the Department of Transportation and Communication
(g) “MMDA” means the Metropolitan Manila Development Authority.

(h) “NBC” means the National Building Code.

(i) “Official Sign” means the informative or directional signage of DOT

and other departments and/or subdivisions of the government, including
infrastructure project announcements that are installed under the authority


of the National Government or any local government units for purposes of
public service.

(j) “Off-Premise Billboard/Sign” means a commercial billboard which
focuses the attention of the public to the business or activity conducted or
product or service sold or offered at a location not on the same premises
where such business sign is located.

(k) "Overhead conductor" means any electrical conductor, either bare or
insulated, installed above the ground except such conductors as are
enclosed in an iron pipes or other material covering of equal strength.

(I) “ Road-Right-of-Way” or “Street” means any public open space for
the continuous flow of pedestrian and vehicular traffic, including the air
space above it, and which must be free from all forms of physical
obstructions for anything found on it, whether of value or not, shall be
treated as common garbage.

(m) “Signs” means any form of advertisement, poster or placard which is
temporary in character and smaller in dimension than a billboard, and
which is placed and installed in a public place. For purposes of this Act,
signs and billboards may be used interchangeably.

Sec. 4. Regulation of Off-Premise Billboards and Signs - Upon the
effectivity of this Act, billboard, sign or other similar structure may be constructed,
erected or installed only when compliant with the following rules:

1. No billboards and signs shall be erected in such a manner as to
confuse or obstruct the view or interpretation of any official traffic
sign signal or device.

2. No billboards and signs 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 the aesthetic and cultural values and traditions of
the Filipino people.

3. No billboards and signs shall be erected on any structure or portion
thereof found within the roads, right-of-ways, legal easements and
the like. The air rights over such right-of-way and legal easements
shall not be availed of for the purpose of erecting billboards and
signs.

4. All billboards, together with all of their supports, braces, guys and
anchors, shall be kept in repair and in proper state of preservation
The display surfaces of all signs, including its back and sides, shall
be kept neatly painted or posted at all times.

5. Billboards and signs, and their structures shall be designed and
constructed to resist wind gusts of at least two hundred fifty (250)
kilometers per hour and seismic force of magnitude seven (7) on
the Richter scale. All bracing systems shall be designed and
constructed to transfer lateral forces to the foundations; further, all
components thereof must be hot dipped galvanized in accordance
with standards setforth under the Structural Code of the Philippines.


6. Billboards and signs shall not exceed fifty (0) feet in height. This
distance shall be measured from ground level at the base of the
support system to the highest point of the billboard.

7. No two billboards located on the same side of a public street or
road with four (4) or more lanes shall be spaced less than two
thousand (2,000) feet apart. When billboards or signs are located
on the same side of public streets or roads with less than four
lanes, the spacing shall be no less than one thousand (1,000) feet
apart.

Nor shall any billboard be located within a one thousand foot (1,000
ft.) radius of any other billboard even though the two billboards are
on different streets. This distance shall be measured along a
straight line between the two nearest points of the signs. The
minimum spacing requirement shall not apply to two panels viewed
from different directions which share a common support structure.

8. NO billboard shall exceed three hundred square feet (300 sq. ft.) in
total surface display area.

9. No billboards or signs shall be erected without complying with the
required setback prescribed by the applicable local government unit
zoning regulations.

10. For billboards or signs on buildings, the dead and lateral loads
shall be transmitted through the structural frame of the building to
the ground in such manner as not to overstress any of the elements
thereof. The overturning moment produced from lateral forces shall,
in no case, exceed two-thirds of the dead-load resisting moment.

Uplift due to overturning shall be adequately resisted by proper
anchorage to the ground or to the structural frame of the building.
The weight of earth superimposed over footings may be used in
determining the dead-load resisting moment. Such earth shall be
carefully placed and thoroughly compacted.

41. The supports for all billboards, signs, and their structures placed in
or upon private property shall be securely built, constructed, and
erected in conformity with the requirements of the National Building
Code (NBC).

12.Materials of construction for billboards, signs and sign structures
shall be of the quality and grade as specified in the NBC.

13.All billboards, signs and sign structures erected in highly restrictive
fire zones shall have structural members of incombustible
materials. Ground signs may be constructed of any material
meeting the requirements of the NBC. Combination signs, roof
signs, walls 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.

14. No part of a billboard or sign shall be constructed or erected on
any private or any proprietary property of the government without
the consent of the property owner or lawful possessor or authorized


representative and without the approval of the DPWH, through its
authorized local government unit (LGU) building official. Provided,
that in Metro Manila, the approval of the MMDA upon the favorable
recommendation of the concerned LGU building official must be
obtained instead.

15. No billboards shall be erected or installed above the roof of any
building and structure if found violative of the NBC.

16. Billboard or sign shall not be made of reflective materials that can
redirect light towards adjacent buildings and structures, neither
shall it be made with oscillating and fluctuating light that may
produce unwanted glare.

17. No billboard shall be constructed on a lot where it obscures or
shades the windows or doorways of adjacent buildings.

18. No billboards, signs or signs structure shall be erected 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.

19.No billboards or signs shall obstruct any opening to such an extent
that light or ventilation is reduced to a point below that required by
this Code.

20. Signs shall be located not less than 1.80 meters (6 feet)
horizontally or 3.60 meters (12 feet) vertically from overhead
electrical conductors which are energized in excess of 750 volts.

21. No billboard with obscene, indecent and immoral contents or
graphics shall be allowed to be installed or displayed; therefore, the
display content of billboards must be subject to review and approval
as provided herein.

22. No billboard or sign shall be erected or installed within a one
thousand (1,000) feet circumference of the nearest property line of
any of the following:

(a) historic site;

(b) school;

(c) church;

(d) hospital;

(e) retirement or nursing home;
(f) cemetery;

(g) governmental building;

(h) public park;

{i) playground;

(i) recreation area;

(k) convention center; and

(\) any area in which billboards are prohibited.

Sec. 5. Fees and Inventory of Billboards. - Upon the effectivity of this
Act the following fees for billboard shall apply:


(1) billboard permit fee of Five Thousand Five Hundred Pesos
(P5,000.00) for the construction of new billboards, as well as, for those seeking
billboard permit for signs constructed and existing prior this Act; and

(2) annual inspection fee of Three Thousand Pesos (P3,000.00), payable
upon filling and approval of the application for the yearly billboard permit

The DPWH and MMDA shall use additional revenues resulting from the
foregoing to conduct a thorough countrywide inventory of all billboards, including
plotting the exact location of each sign, determining whether or not each sign has
a valid permit from the DPWH, MMDA and any local government agency charged
with regulating billboards

Sec. 6. Billboard Permit — Billboards and signs may be erected,
constructed or installed only upon the issuance of a billboard permit, by the
DPWH through its authorized LGU building official, and in Metro Manila by the
MMDA, after payment of required fees. Provided, that no billboard permit shall be
issued without a compulsory insurance coverage, the amount of which shall be
determined by DPWH.

Billboard permit and inspection clearance issued by the DPWH or MMDA,
is revocable when it is shown that the billboard fails to comply with the provisions
of this Act and its implementing rules, NBC and other regulations promulgated by
concerned agencies, and/or poses a clear threat to public welfare, safety and
health.

Sec. 7. Billboard Content; Subject to Review. — All display contents or
subjects and graphics must conform with the standards set by the Advertising
Board of the Philippines and/or other government agency mandated by law to
review and approve the same. Thus, billboard owner and/or operator must obtain
this approval, in addition to those mentioned under Secs. 5 and 6 of this Act.

Sec. 8. Enforcement of the Act - It shall be the primary duty of the
DPWH and in Metro Manila, the MMDA to effectively enforce the provisions of
this Act. Thus, both may request any duly constituted law enforcement agencies
and other officers of the government to render immediate assistance for the
purpose.

All non-conforming billboards and/or installations, and those found to be
dangerous or hazardous shall be summarily abated and dismantled by the
DPWH or MMDA, as the case may be, with all the costs related to the demolition,
hauling and disposal thereof charged at the expense of the billboard owner,
operator or lawful possessor.

Sec. 9. Assisting Entities. — In compiling with the inventory mentioned in
Section 5, the DPWH and MMDA shall cooperate with billboard permit holders,
local government units, nongovernmental organizations, citizens groups and
other stakeholders concerned with scenic conservation and transportation

Sec. 10. Development of Official Signs. - The DOT is directed to
develop, construct and contract with public and private entities for the
construction and maintenance of official signs in addition to any such signs
currently operated by the DOT. The DOT shall consult with scenic conservation
groups, businesses and business organizations, and local governments to
facilitate the development of these signs in such a way as to allow businesses to
reach the traveling public without the deleterious impact of billboards on scenery.


Sec. 11. Penalties — The principal penalty for any violation of the
provisions of this Act or its implementing rules committed by billboard owners or
operators shall be summary abatement and dismantling of their respective
billboards and signs, notwithstanding compliance of the billboard itself with the
structural requirement under this Act.

In addition, any person, corporation, trust, firm, partnership, association or
entity found violating this Act or the rules and regulations promulgated
thereunder shall be punished by a fine of One Hundred Thousand pesos (P100,
000. 00) or imprisonment of at least six (6) months but not more than one (1)
year.

If the violation is committed by a corporation, trust or firm, partnership,
association or any other entity, the penalty of imprisonment shall be imposed on
the entity's responsible officers, which may include, the president, vice-president,
chief executive officer, general manager, managing director or partner.

Any officer of the duly designated enforcement agency who neglect or fails
to enforce the provisions of this Act shall be administratively liable and in
addition, punished by a fine of not less than Fifty Thousand Pesos (P50,000.00)
but not more than Two Hundred Thousand Pesos (P200,000.00), without
prejudice to the filing of appropriate criminal charges.

Sec. 12. Implementing Rules and Regulations. - The DPWH, in
coordination with MMDA and other agencies of the national and local
governments shall promulgate the rules and regulations to carry out the
provisions of this Act within sixty (60) days from its effectivity.

Sec. 13. Funding -The amount necessary to carry out the provisions of
this Act shall be included in the budget of concerned government agencies in the
General Appropriations Act of the year following its enactment into law and
thereafter.

Sec. 14. Transitory Provision - All billboard structures not conforming
with the provisions of this Act shall immediately be dismantled by their owners or
corrected accordingly, provided, that those covered by existing advertising
contracts are given six (6) months to novate or modify said contracts to conform
with the provisions herein.

Sec. 15. Repealing Clause ~ All laws, decrees, executive orders or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

» Sec. 16. Separability Clause — If any provision of this Act is held invalid
or unconstitutional, other provisions not affected shall continue to be in full force
and effect.

Sec. 17. Effe ~ This Act shall take effect 15 days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,