Outdoor Advertising Association of the Philippines' Position Paper on Senate Bill 1714 by Sen. Miriam Santiago

<span style="font-weight:bold;">OUTDOOR ADVERTISING ASSOCIATION OF THE PHILIPPINES</span><br />( O A A P )<br /><br /><span style="font-weight:bold;">POSITION PAPER ON SENATE BILL NO. 1714</span><br /><br />I. Background<br /><br /> “Being an integral part of mass media, [the outdoor advertising industry] has a powerful influence on society. Today, the industry is an effective instrument, not only to catch attention and shore up sales, but as a means to attain desired social change, disseminate unconventional ideas, and promote belief and behavior that affect the daily life of the people.”<br /><br />Advancements in technology which now allow for brilliant, vivid, photographic colors have made billboards an attractive alternative to tri-media. Not only has it become a very effective advertising medium but a very cost-effective one as well. One needs only to look around while traversing the length of EDSA to see the sudden dramatic increase in interest from Advertisers over the last few years. <br /><br />Consequently, there is now a very high demand for spaces wherein billboard displays can be erected. As a result, different types of outdoor advertising media have found their way into every nook and cranny available outdoors. Unfortunately, they have also found their way into places where they should not be, causing not only visual clutter which some sectors have described as visual pollution, but more importantly, posing as a very real threat to the safety of commuters and pedestrians daily.<br /><br /><br />It is, understandably, in this light that Senate Bill No. 1714 was introduced as an ostensible means to regulate construction and placement of outdoor advertising media on public roads. Contrary to its explanatory note, however, construction, placement and display of billboards are currently regulated both by national laws and local ordinances. Hence, whether billboards constitute a public nuisance or not has likewise been the responsibility of government from the very start.<br /><br />It cannot be denied, however, that the outdoor advertising industry contributes to the economy. It has grown into a multi-million peso industry, driven as an economical alternative or supplement to any marketing campaign. Its proliferation has likewise meant jobs derived from the construction, placement and display thereof.<br /><br />Moreover, the OAAP takes exception to terming its industry as “blight.” It puts the entire outdoor advertising industry in a negative light. Properly and strategically placed, the OAAP’s products can enhance scenery as technology has allowed more colorful and attractive displays.<br /><br />The OAAP is the oldest and only existing organization of Outdoor Advertising practitioners in the country, having been organized in 1964 and national in its scope, having chapters in the Visayas and Mindanao. The collective technical expertise of its members in the outdoor advertising industry is unparalleled and unquestionable. The OAAP, has the expertise, experience and full appreciation of pertinent laws governing its industry and can certainly assist this Honorable Senate in crafting policy that will prove beneficial to all concerned.<br /><br />II. Current Legal Framework<br /><br />Contrary to the explanatory note of Senate Bill No. 1714, the construction, placement and display of billboards is heavily regulated, as shall be stated below.<br /><br />Construction of billboards is regulated under Chapter 20 of Presidential Decree No. 1096, otherwise known as the “National Building Code.” It states:<br />CHAPTER 20<br />SIGNS<br /><br />Sec. 2001. General Requirements<br /><br />(a) No sign or signboard shall be erected in such manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal, or device.<br /><br />(b) 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.<br /><br />Sec. 2002. Maintenance<br />All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display of all signs shall be kept nearly painted and secured at all times.<br /><br />Sec. 2003. Design and Construction<br /><br />Sign structures shall be designed and constructed to resist all forces in accordance with the National Structural Code for Buildings. For signs on buildings, the dead and lateral loads shall be transmitted through structural frame of the building to the ground in such a manner as not to overstress any of the elements 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.<br /><br />Sec. 2004. Supports and Anchorages<br /><br />(a) General.<br /><br />The supports and anchorage of all signs or sign structures shall be placed in or upon private property and shall be constructed in conformity with the requirements of this Code.<br /><br />(b) Materials. Materials for construction of signs or sign structures shall be of the quality and grade as specified in this Code.<br /><br />(c) Restrictions on Combustible Materials - All signs or 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 this Code. Combinations signs, roof signs, wall signs, projecting signs, and signs on marquees shall be constructed of incombustible materials. No combustible material other than approved plastics shall be used in the construction of electrical signs.<br /><br />(d) Non-Structural Trim - Non-structural trim and portable display surfaces may be of wood, metal, approved plastics, or any combination thereof.<br /><br />(e) Display Surfaces - Display surfaces in all types of signs may be made of metal, glass, or approved plastics.<br /><br />Sec. 2005. Projections and Clearances<br /><br />(a) Clearances from High Voltage Power Lines - Clearances of signs from high voltage power lines shall be in accordance with the Philippine Electrical Code.<br /><br />(b) Clearances from Fire Escapes, Exits, or Standpipes - No signs or sign structures shall be erected in such a manner than any portion to its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe.<br /><br />(c) Obstruction of Openings. No sign shall obstruct any opening to such an extent that light ventilation is reduced to a point below that required by this Code. Signs erected within 1.50 meters of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or approved plastics.<br /><br />(d) Projection Over Alleys. No sign or sign structure shall project into any public alley below a height of 3.00 meters above established sidewalk grade, nor project more than 300 millimeters where the sign structure is located 3.00 meters to 4.5 meters above established sidewalk grade. The sign or sign structure must not project more than 1.00 meter into the public alley where the sign or sign structure is located more than 4.50 meters above established sidewalk grade.<br /><br />Sec. 2006. Lighting<br /><br />Signs shall be illuminated only by electrical means in accordance with the Philippine Electrical Code.<br /><br /><br />Placement of such billboards is a settled issue insofar as national road rights-of-way are concerned. Section 2001 of The National Building Code prohibits the placement of all forms of outdoor advertising media within national road rights-of-way such as, but not limited to, center islands, electrical & lamp posts, pedestrian overpasses and sidewalks, traffic signs, MRT, LRT and flyover columns and other illegal locations. <br /><br />Section 30 of Republic Act No. 917, otherwise known as the “Philippine Highway Act of 1953,” as amended, makes it unlawful for any outdoor advertisement to usurp any portion of the right of way for private use or to obstruct the same in any manner.<br /><br />The OAAP has written a letter to the Department of Public Works and Highways (“DPWH”) to confirm the foregoing prohibitions. While the DPWH has responded favorably in a letter-opinion addressed to the OAAP dated 21 July 2001, there were no steps undertaken to enforce these prohibitions. The DPWH who has jurisdiction over national roads and tasked with the implementation of the national building code which covers the said law, by its own admission, lack the police power necessary to go after violators of the said law.<br /><br />When the Metropolitan Manila Development Authority (“MMDA”) attempted to enforce the foregoing rules as regards the proliferation of advertising materials on MRT columns, the company, a non-OAAP member, obtained a court injunction which remains pending to this day. <br /><br />III. Inadequacies of the Current Legal Framework<br /><br />The inadequacies of the current legal framework fall under two categories. The first deals with inherent substantive inadequacies in the laws themselves. The second lies in the implementation.<br /><br />As regards substantive inadequacies, these foregoing prohibitions have loopholes, to wit:<br /><br />a. They cover only national road rights-of-way. They do not cover municipal, city or barangay roads.<br /><br />b. They do not cover railroad rights-of-way. The OAAP considers these areas as even more dangerous due to the additional stresses and vibrations in the area. Moreover, though illegal, these areas are peculiarly populated. Sadly, accidents have already occurred along such areas, as the OAAP shall present. <br /><br />c. They do not likewise address the issue of blocking ( a billboard display infront is obstructing another billboard display behind it ) that has resulted in damage suits that have been counter-productive in the outdoor advertising industry. The cases have likewise contributed to the clogging of the court’s dockets.<br /><br /><br />More importantly, there are inadequacies insofar as implementation is concerned. While our laws are clear on the prohibitions, there is confusion as to which government agency implements them. While the DPWH has clearly maintained the prohibitions of placement, it has limited to non-existent powers to enforce it.<br /><br />Hence, the primary line of regulation has always been with the local government units with their issuance of building permits. The problems of placement should have been addressed at the very start from the building permit level. The proliferation cited by Senate Bill No. 1714 in its explanatory note is sufficient proof that local governments have failed in this respect. Despite the existence of the foregoing laws, various entities are still able to secure permits from local building officials. The OAAP has been calling the attention of pertinent government agencies regarding the present situations.<br /><br />In fact, the MMDA has entered into questionable memoranda of agreement for the continued display of outdoor advertising along pedestrian overpasses, a rampant phenomenon, as any motorist may notice. <br /><br />IV. Billboard Display<br /><br />As this has constitutional implications on freedom of speech, the OAAP believes that this is the proper matter of self-regulation.<br /><br />This has been the advocacy and the practice of the Advertising Board of the Philippines (the “ADBOARD”), where the OAAP is a member organization. The ADBOARD screens billboard for content and issues clearances that OAAP members require before an outdoor advertising sign is displayed.<br /><br />The OAAP believes that the present situation is enough. However, not all outdoor advertising practitioners are OAAP members and hence self-regulation as regards content mere goes up to that extent.<br /><br />V. Proposed solutions<br /> A. Construction<br />Revisions on the National Building Code as regards structural and building specifications are already due given the changing times. In this regard, the OAAP is willing to assist this Honorable Senate in crafting new standards and specification to meet such changing times.<br /><br /> B. Placement<br />More importantly, the pertinent government agency (or agencies) that will implement the laws on billboards has to be clearly defined. <br /><br />At the threshold is the policy issue of where to lodge this power. During OAAP deliberations on the matter, some argue that putting the implementation aspect in a national level frees it from local political influence. Others argue that localized implementation bodies would address better conditions indigenous to their localities such as presence of historical and tourist attractions, land use plan and others. This policy issue has to be addressed by this Honorable Senate and the OAAP is willing to assist in determining which direction to take.<br /><br />The OAAP, however, is of the position that the industry has to be represented in this respect in either case.<br /><br />For this reason, the OAAP respectfully proposes the institution of bodies that would issue construction and placement clearances that are required for the issuance of building permits. However, there must be a representative from the duly accredited and recognized outdoor advertising industry association in whatever body this Honorable Senate shall create.<br /><br />RESPECTFULLY SUBMITTED<br /><br /><br />FRANCISCO T. ABUEVA<br />OAAP President<br /><br />Noted: <br /><br /><br />CARLO S. LLAVE<br />OAAP Chairman of the Board <br /><br />Encl.: A/s<br />8/23/05

Outdoor Advertising Association of the Philippines' Position Paper on Senate Bill 1714 by Sen. Miriam Santiago

OUTDOOR ADVERTISING ASSOCIATION OF THE PHILIPPINES ( O A A P ) POSITION PAPER ON SENATE BILL NO. 1714 I. Background “Being an integra...

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Senate Bill No. 1714

<span style="font-weight:bold;">THIRTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES</span><br />First Regular Session <br /><br />S E N A T E<br />S. B. No.1714<br />______________________________________________<br /><span style="font-style:italic;"><br />Introduced by Senator Miriam Defensor Santiago</span><br />______________________________________________<br /><br />EXPLANATORY NOTE<br /><br />The Constitution, Article 2, Section 9, provides:<br /><br /> The State shall 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.<br /><br />Billboards and signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks and other public places and adjacent private places open to the public. The unregulated construction, placement and display of billboards constitute a public nuisance detrimental to the health, safety, convenience and welfare of the residents of the city.<br /><br />The proliferation in number, size and manner of outdoor advertising unreasonably distracts operators of motor vehicles and promotes confusion with regard to traffic lights, signs, or signals or other interference with the effectiveness of traffic regulations and is therefore hazardous to highway users. The excessive and inadequately controlled proliferation of billboards visible from highways endangers the uniqueness of our state and our communities and our scenic beauty. <br /><br />Tourism and trade from both resident and nonresident highway users is an essential part of our economy. Tourist-oriented directional signs and logo signs offer businesses cost-effective means of announcing their presence to the highway users without harm to our state’s scenic beauty. <br /><br />The erection and maintenance of new outdoor advertising signs, displays and devices in areas adjacent to Interstate highways, primary highways, and all state roads should be prohibited in order to protect the public investment in such highways, preserve the state’s scenic beauty and distinctiveness, and promote the general health and welfare of the motoring public. <br /><br />This Act seeks to regulate all billboards in order to: <br />1. reduce traffic hazards caused by such unregulated signs which may distract and confuse, and impair the visibility of, motorists and pedestrians; <br />2. ensure the effectiveness of public traffic signs and signals; <br />3. protect property values by ensuring the compatibility of property with that surrounding it; <br />4. provide an attractive visual environment throughout the country; <br />5. protect the character and appearance of the various neighborhoods in the city; attract tourists to the country; <br />6. protect the public investment in streets, highways, and other public improvements; and protect and improve the public health, safety, and general welfare.<br /><br /><br />MIRIAM DEFENSOR SANTIAGO <br /> <br /><span style="font-weight:bold;">THIRTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES</span> <br />First Regular Session<br /><br />S E N A T E<br />S. B. No. 1714<br />_______________________________________________<br /><br />Introduced by Senator Miriam Defensor Santiago<br />_______________________________________________<br /><br />AN ACT<br />REGULATING THE PLACEMENT OF BILLBOARDS SIGNS<br /><br /><span style="font-weight:bold;">SECTION 1.</span> Short Title. – This Act shall be known as the “Anti-Billboard Blight Act.”<br /><br /><span style="font-weight:bold;">SECTION 2.</span> Declaration of Policy. – It is the declared policy of the State to ensure an improved quality of life for all, and to protect the scenery and environment.<br /><br /><span style="font-weight:bold;">SECTION 3.</span> Definition of Terms. - As used in this Act the term:<br />(1) “Billboard” means an identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business.<br /> (2) “Off-Premise Billboard” means a business billboard which directs 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.<br />(3) “DPWH” means the Department of Public Works and Highways. <br />(4) “MMDA” means the Metropolitan Manila Development Authority.<br />(5) “DOT” means the Department of Tourism.<br /><span style="font-weight:bold;"><br /> SECTION 4.</span> Regulation of Off-Site Signs and Billboards. - Any off-premise sign erected after the effective date of this Act shall comply with the following standards:<br />(1) No billboard shall be located in a position that obstructs or obscures the view of vehicular or pedestrian traffic in such a manner as to endanger the safe movement thereof.<br />(2) Each billboard shall be set back at least twenty-five (25) feet from any road or street right-of-way line, measured from the closest part of the billboard.<br />(3) No billboard shall be located within one thousand (1,000) feet of any interchange, within one thousand (1,000) feet of any right-of-way of any underpass, overpass, bridge or tunnel, or within one thousand (1,000) feet of any street intersection.<br />(4) All billboards shall be erected in conformity with the front, side and rear yard requirements of the district in which they are located.<br />(5) No billboard shall be erected within a one thousand (1,000) feet circumference of the nearest property line of any of the following: historic site, school, church, hospital, retirement or nursing home, cemetery, governmental building, public park, playground, recreation area, convention center or any area in which billboards are prohibited.<br />(6) No billboard shall be permitted whenever property zoned as residential would be between the sign and the roadway toward which it is oriented.<br />(7) No part or foundation or support of any billboard shall be placed on, in, or over any private property without the written consent of the property owner.<br />(8) No part or foundation or support of any billboard shall be placed on, in, or over any public property, including public rights-of-way, or any utility or drainage easement, or upon telephone or utility poles, or natural features such as trees and rocks.<br />(9) No billboard shall be erected or maintained upon or above the roof of any building structure.<br />(10) No billboard shall be constructed on a lot where it obscures or shades the windows or doorways of adjacent buildings.<br />(11) No two billboards located upon, or oriented towards traffic traveling upon, the same side of a public street or road with four or more lanes shall be spaced less than two thousand (2,000) feet apart; 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. 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. 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.<br />(12) No billboard shall exceed three hundred (300) square feet in total surface display area.<br />(13) Billboards may be single-faced or double-faced but no billboard shall contain more than one face on each side of the display and the surface area shall not exceed a total area of three hundred (300) square feet per structure [face].<br />(14) No billboard shall be permitted which, because of its size, shape, or location, may obscure or obstruct the view of vehicular or pedestrian traffic or be confused with any authorized traffic control sign, signal, or device.<br />(15) No billboard shall be permitted which, because of its size, shape, or location, may impair any scenic vista from the highway or a building adjacent to the highway or to the billboard.<br />(16) No billboard shall exceed fifty (50) feet in height. This distance shall be measured from ground level at the base of the billboard's support system to the highest point of the billboard.<br />(17) Lighting: No billboard shall be illuminated by any means.<br /><span style="font-weight:bold;"><br />SECTION 5.</span> Permit Fee and Inventory of Billboards. - <br />(1) As of the effective date of this Act, the annual fee for a billboard permit for a new construction of a billboard shall be Seven Thousand Five Hundred Pesos (P7,500.00).<br />(2) The DPWH in coordination with the MMDA shall use additional revenues resulting from subsection (1) 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. <br /><br /><span style="font-weight:bold;">SECTION 7.</span> Assisting Entities. - In compiling this inventory mentioned in Section 6, the DPWH shall cooperate with billboard permit holders, local governments, the MMDA, non-governmental organizations and citizens groups concerned with scenic conservation and transportation. <br /><br /><span style="font-weight:bold;">SECTION 7.</span> Development of Official Business Directional Signs. - The DOT is directed to develop, construct and contract with public and private entities for the construction and maintenance of official business directional 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. <br /><span style="font-weight:bold;"><br /> SECTION 8.</span> Separability Clause. – If any provisions or part hereof, is invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.<br /><span style="font-weight:bold;"><br /> SECTION 9.</span> 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, modified, or amended accordingly.<br /><span style="font-weight:bold;"><br />SECTION 10.</span> Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.<br /> <br /> Approved,<br /><br /><br />/aea

Senate Bill No. 1714

THIRTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session S E N A T E S. B. No.1714 __________________________________...

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Avoiding the Christmas Rush

It has been a long time since billboards were contracted for a minimum of one year. Nowadays, billboard suppliers have bent over backwards to accept the market demand for one-month-placements. This has been made possible by the advent of digital photographic tarpaulin printing being lowered to a very accessible cost. Gone are the days when an advertiser would have to justify the use of a photographic tarpaulin by running the exposure to a minimum of three (3) months. Today, advertisers can have a new tarpaulin printed every month and still, cost would be justified.<br /><br />This leads me to a current trend I've been observing in the Out-Of-Home media scene...the increased frequency of one-month-placements ("OMPs" as I love to call them). OMPs are now becoming more frequent as the days go by. When I was still working for UniversalMcCann, our OMPs were limited to Globe Telecom's sponsorship of blockbuster movies like Spiderman, Star Wars, Batman, etc. Now that I'm out of McCann, I can confidently validate to you that OMPs are an increasing trend among all agencies.<br /><br />Lately, I've found myself answering my cellphone at the least expected of places only to take a call media planners or direct clients looking for a billboard space for an OMP. Most OMPs are requests for space to target consumers in this coming 4th quarter.<br /><br />"Do you have any available space on EDSA between Buendia and Ortigas which I can book for only the month of November?" says the planner. "I know of only 2 sites left which fits your requirement and it'll be in your email inbox within the next 30 minutes" is my typical reply. Then comes the clincher, "you'll have to tell your client though to revert quickly because other agencies and advertisers are eyeing these same spots".<br /><br />As clients seem to be falling short in term of their year-end sales targets, obviously demand for pumping up the media placements (across all media) is being felt. This is all the more evident in outdoor. Clients are now spending whatever excess money they have on Quarter 4 short-term billboards covering October 1 to December 31. Hence, the Christmas Rush for outdoor placements have begun. It is a trend which has never been seen before...or perhaps I did see it already in years past when I was still with McCann. Maybe I just was not in the position then to say it was an industry-wide thing.<br /><br />Today, the number of requests for OMPs and Q4 placements are increasing as we inch our way to the year's end. My most recent experience even demanded that I negotiate for an existing advertiser on a strategic billboard in Makati to pull down his material only for the month of October so as to accomodate an OMP by an agency. The same advertiser agreed as he deemed the month of October was not all to important to him and that he could use the reimbursment of the media rental elsewhere. The condition for the acceptance of this deal though was that he would definitely want his space back for November and December.<br /><br />As the demand for OMPs and Q4 placements increase as we inch our way to the year end, I have only this word of advise to advertisers and agencies : <span style="font-weight:bold;">AVOID THE CHRISTMAS RUSH. SHOP EARLY.</span>

Avoiding the Christmas Rush

It has been a long time since billboards were contracted for a minimum of one year. Nowadays, billboard suppliers have bent over backwards ...

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