(NAR) VOL. 22 NO. 3, JULY - SEPTEMBER 2011
it has been noted that some billboards and advertising signs are indiscriminately posted along major and secondary thoroughfares, streets, roads, avenues, parks and open spaces within Metro Manila which distract the attention of motorists and cause road accidents and traffic congestion, and even resulting in the visual pollution of the urban landscape;WHEREAS,
unregulated and non-complying billboards and advertising signs displays images and messages which are considered traffic distractions, traffic hazards, threats to public safety and contribute to environmental degradation and urban blight;WHEREAS,
PD 1096 vests upon the Secretary of Department of Public Works and Highways (DPWH) the power to administer and enforce the provisions, of the National Building Code (NBC) governing the design, content, construction, location, installation and maintenance of outdoor billboards, advertising and display signs, streamers, posters and the like;WHEREAS,
on September 2, 2004, recognizing the urgent need to prescribe guidelines on the installation/display of billboards and advertising signs, the Metropolitan Manila Council (MMC) adopted and approved MMDA Regulation No. 04-004, Series of 2004, entitled "PRESCRIBING GUIDELINES ON THE INSTALLATION AND DISPLAY OF BILLBOARDS AND ADVERTISING SIGNS ALONG MAJOR AND SECONDARY THOROUGHFARES, AVENUES, STREETS, ROADS, PARKS AND OPEN SPACES WITHIN METRO MANILA AND PROVIDING PENALTIES FOR VIOLATION THEREOF"
(the "Metro Manila Billboard Regulation"
Section 19 of the aforementioned MMDA Regulation No. 04-004 provides that "The MMDA Chairman shall issue the necessary implementing guidelines relative to the issuance of MMDA clearance for all signages (private and government signs) that would be installed and displayed along major thoroughfares in Metropolitan Manila"
the Department of Public Works and Highways has "deputized the MMDA, its officers, employees, and agents to implement Chapters 8 and 20 of the NBC and Rule VIII and XX of the IRR of the NBC within Metro Manila"
in a Memorandum of Agreement signed by Hon. Rogelio L. Singson of the DPWH and Chairman Francis N. Tolentino of the MMDA on August 31, 2010;WHEREAS,
Section 2001 (b) of the National Building Code states that "No sign or signboard 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."
pursuant to the Memorandum of Agreement dated August 31, 2010, MMDA Regulation No. 04-004, and the National Building Code and its implementing rules and regulations, the following implementing guidelines concerning the regulations of contents of billboards and other signs are hereby issued;Section 1. METR0 MANILA BILLBOARD OFFICE.
The Metro Manila Billboard Office (the "Billboard Office"
) shall review and evaluate content of Regulated Signs. In the event the Billboard Office finds that a Regulated Sign's content defiles, debases or offends aesthetic and cultural values and traditions, it shall forthwith notify the Billboard Owner or Operator, copy furnished the MMDA-BCO of the violation and require the Billboard Owner or Operator to rectify the violation within three days from receipt of the notification. In the event the Billboard Owner or Operator fails to rectify the violation, the Billboard Office shall notify the MMDA and request the MMDA to roll down or dismantle the Regulated Sign. The Billboard Owner and Operator may at any time replace the content of the Regulated Sign with conforming Advertising material.
In the review of the contents of moving or non static LED, LCD, or other electronic billboard advertisements, the Metro Manila Billboard Office shall consult with the Movie and Television Ratings and Classification Board (MTRCB).Section 2.
The Billboard Office shall be composed of the following members who, save for the MMDA Chairman shall be duly appointed by the Metropolitan Manila Commission:
- Two local chief executives from Metropolitan Manila local government units;
- A representative from the religious sector;
- One representative from the billboard/outdoor advertising industry;
- One representative from the Advertising Board of the Philippines; and
- The Chairman of the Metropolitan Manila Development Authority or his designated representative.
All advertisers, owners and operators of billboards, shall adhere to their respective group of association's Code of Ethics for advertising and promotions regulating the content of the Advertising Signs, meaning the message being conveyed by the Sign must not be offensive and should conform to accepted moral standards.Section 4.
The Metro Manila Billboard Office shall have an appellate or oversight function to review and regulate all advertising signs on billboards along major thorough-fares of Metropolitan Manila.Section 5.
The Metro Manila Billboard Office shall, motu proprio or based on a complaint filed by any local government unit, public official, or private person, proceed to review the contents of any billboard advertising sign in accordance with the provisions of Section 1 hereof.Section 6. TRANSITORY PROVISION.
For the first year following the effectivity of these Implementing Guidelines, the Billboard Office shall be comprised of the following members:
(a) Hon. Del de Guzman;
(b) Hon. Sherwin Gatchalian;
(c) Fr. Clyde Cabuenas;
(d) Representative from the billboard industry;
(e) Representative fromtheAdBoard; and,
(f) MMDAAssistant General Manager for Planning Cristina L. Velasco.
Thereafter, the Metro Manila Council shall appoint succeeding members of the Billboard Office who shall serve for one-year terms.Section 7. SEPARABILITY CLAUSE.
If any part or provision of these Implementing Guidelines is held unconstitutional or invalid, other parts or provisions thereof which are not affected shall continue to remain in full force and effect.Section 8. REPEALING CLAUSE.
All previous memorandum circulars inconsistent with the foregoing are hereby modified, amended, or repealed accordingly.Section 9. EFFECTIVITY.
These Implementing Guidelines shall take effect fifteen (15) days after publication in two newspapers of general circulation.
Adopted: 05 August 2011(SGD.) ATTY. FRANCIS N. TOLENTINO