NextGen Day

MANILA, Philippines – President Rodrigo Roa Duterte signed an executive order (EO) amending and supplementing the regulations governing non-mobile advertising signs and billboards.

Executive Order No. 165, signed by Duterte on March 21, prohibits the erection and installation of non-mobile advertising signs and billboards, as well as their support structures, as well as their modification, retrofit, rehabilitation, or other alteration, and exhibition.

Duterte recognized in signing the EO that unregulated advertising signs and billboards create traffic distractions and hazards, endanger public safety, and contribute to environmental degradation and urban blight as a result of their inappropriate location, site, glare, size, structural configuration, and unregulated height limit.

“There is a need to update and supplement the Building Code and its Implementing Rules and Regulations (IRR) regarding non-mobile advertising signs and billboards, as well as to prescribe minimum standards to harmonize national and local rules and regulations as part of the strategies for ease of doing business and self-regulation within the advertising industry,” the EO stated.

The EO requires that newly constructed billboard structures have a minimum setback of five meters from the frontage property line, measured perpendicular to the support structure.

Existing static billboards or LED billboards with a setback of less than five meters must adhere to the Philippine Electrical Code’s guidelines for display surface size, billboard structure height, and clearances from high tension wires.

According to the EO, signs, sign structures, and billboards must not exceed 250 square meters, while LED and other electronic signs must have a minimum display area of 55 square meters and a maximum display area of 250 square meters, as permitted by the site, provided that the sign complies with structural design and wind load exposure requirements specified in the latest edition of the Philippine National Structural Code.

Concerning the billboard structures’ height, free-standing structures must not exceed 36 meters above the established grade, provided that they do not obstruct any public utility or fire exits in accordance with applicable laws.

A billboard structure mounted on the roof must not exceed a combined height of 26 meters in urban areas and 36 meters in rural areas, measured from the ground to the established grade.

New rooftop billboards may not exceed or occupy more than one-fourth of the street frontage of the building to which they are attached, with the base area of the support skeleton frame structure not exceeding 10 square meters on any horizontal section, and must be constructed of noncombustible material in accordance with Section 1210 of the Building Code’s Implementing Rules and Regulations (IRR);

Billboards mounted on blank walls must not exceed the area of the blank wall, in accordance with the latest revision of the IRR of the Building Code.

Additionally, the EO requires that new billboard structures installed or erected on the same side of the road be at least 100 meters apart.

The blocking of an existing billboard or on-premises sign from its intended viewership by an advertising billboard, regardless of how partial, is strictly prohibited. When an existing outdoor advertising sign is fully visible within 200 meters of its intended audience, it is not considered to be obstructed by a newly constructed sign.

Owners and operators have been given two years to comply.

Within two years of this order’s effective date, owners and operators of existing sign and billboard structures must comply with the foregoing standards regarding display surface size and billboard height.

Local governments may not impose requirements that are more onerous or more onerous than those established to ensure the uniformity and harmonization of national and local standards for signs and billboards.

The Department of Public Works and Highways (DPWH) is responsible for enforcing this order strictly and may order payment of all applicable government fees and other charges associated with billboard permits and clearances.

The Department of Finance (DOF) must develop guidelines for establishing local fees and charges associated with locational clearance applications, train local government personnel on the guidelines on fees and increases in the costing of existing or prevailing government charges, and assist local government units (LGUs) in adhering to the said guidelines and preparing regular reports to the Department of the Interior and Local Government (DILG).

The DILG must assist the DPWH in ensuring that LGUs comply with the EO’s provisions.

The DPWH, in consultation with the DILG, the DOF, the Metropolitan Manila Development Authority, the Philippine Atmospheric, Geophysical, and Astronomical Services Administration, the Civil Aviation Authority of the Philippines, and representatives of the billboard industry, must develop implementing guidelines to ensure that the provisions of this order are carried out effectively.

The implementation guidelines must include, among other things, the requirements and procedures for issuing permits for the erection, construction, placement, and installation of all outdoor advertising displays.

Building permits may be denied, suspended, or revoked in the event of non-compliance with the provisions of this order, the Building Code and its IRR, or any applicable administrative rule or regulation issued by the DPWH Secretary.

National or local officials and personnel who violate the provisions of this order must face disciplinary action in accordance with applicable civil service laws, rules, and regulations, as well as relevant provisions of Republic Act 7160 or the 1991 Local Government Code.

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