Legal Basis and Authority
- Power vested in the Secretary of DPWH under PD 1096 for administering the National Building Code covering billboards and signs.
- Local Government Code empowers local government units (LGUs) to regulate property use and the erection of signs.
- RA 7924 authorizes MMDA to formulate and enforce policies on infrastructure, traffic, environmental health, and public safety.
- MMDA Regulation No. 04-004 (2004) provides guidelines and penalties for billboards within Metro Manila.
- Memorandum of Agreement between DPWH and MMDA deputizes MMDA to enforce the National Building Code rules on signage.
Definitions of Key Terms
- Advertisement: Act of calling public attention using posters, banners, billboards, or signs.
- Advertising Sign: Off-premise sign directing attention to a business or service.
- Billboard: Panel for posting bills or posters.
- Business Sign: On-premise or off-premise sign directing to business, profession, or service.
- Carriageway: Part of the road-right-of-way for motorized traffic.
- Display Sign: Any material or structure used as advertisement or directory.
- Electrical Sign: Illuminated signs using incandescent, fluorescent lamps, or LED.
- Ground Sign, Projecting Signs, Roof Sign, Wall Sign: Various types of signs with specific locations and structures.
- Regulated Signs: Collective term for all signs subject to this regulation.
- Road-Right-of-Way (RROW): Parcel of land for free public passage, at least 3 meters wide.
- Temporary Signs and Streamers: Exempt from these guidelines.
Coverage of Regulations
- Applied to existing and proposed regulated signs (advertising, billboards, business, display, electrical, roof, wall signs) along covered areas.
- Covered Areas include major thoroughfares, public roads, secondary roads, avenues, streets, parks, and open spaces within Metro Manila.
- Exceptions: Wall signs parallel to building walls, public advisory LED signs, streamers, and temporary signs.
Role of Local Government Units (LGUs)
- LGUs in Metropolitan Manila shall issue locational and structural clearances/permits for regulated signs within jurisdiction.
- LGUs may require owners to obtain permits, modify illegal structures, or remove signs violating laws.
- LGUs may seek MMDA assistance for removal or demolition of illegal signs.
- MMDA jurisdiction covers billboards along major/national thoroughfares requiring MMDA Billboard Clearance prior to LGU permits.
Application Evaluation Guidelines
- Setback Requirements: Vary based on road right-of-way width with minimum front (5-8 m), side (2-5 m), and rear (2-5 m) setbacks.
- Environmental Requirement: Owners must plant and maintain two full-grown trees within setback or other areas.
- Minimum Distance Between Billboards: 100-meter radius required; permits granted earlier take precedence.
- Signs must not obstruct traffic signs or natural landscape views or cause traffic hazards.
- Combustible materials are restricted in fire zones; signs must use incombustible or approved materials.
- Display surfaces may be metal, glass, or approved plastics.
- No obstruction to fire escapes, exits, openings for light and ventilation.
- Roof signs strictly prohibited.
- Signs must maintain clearances from power lines as per Philippine Electrical Code.
- Prohibition on signs over or across public thoroughfares, sidewalks, flyovers, traffic signage, LRT/MRT structures, and other specified locations.
- Historical site markers and directional signs cannot be combined with advertisements unless through MOU/MOA with LGU and site administrators.
- Signs must be taken down or turned off during weather disturbances declared by PAGASA, enforced by MMDA if necessary.
- LGUs may enact stricter regulations.
Ordinance Harmonization
- LGUs encouraged to enact or amend billboard ordinances to conform with these implementing guidelines for consistency.
Traffic Signs Compliance
- All traffic signs must conform to international standards and the Philippine Road Signs Manual.
- Design plans for traffic improvement projects require MMDA coordination and approval.
Installation and Display Protocols
- Installation timing and duration must be strictly adhered to.
- Regulated signs must display the advertiser's name, permit validity, installer, permitting office, and contact information in specified format and size.
- Removal obligation immediately upon permit expiration; failure results in MMDA removal at owner expense.
Penalties and Fines
- First Offense: Fine of Php 100 per square foot of advertisement surface; government signs Php 25 per sq. ft.; 25% surcharge for late payment.
- Second Offense: Fixed fine of Php 20,000.
- Fines collected accrue to the MMDA General Fund.
Enforcement and Coordination
- MMDA enforces compliance with consultation from DPWH and coordination with LGUs.
Transitory Provisions
- From January 1, 2012, all existing permits disregarded; owners must apply anew for MMDA and LGU clearances and permits.
- Existing valid permits must be submitted for validation before this date.
- Owners without valid permits must apply immediately.
Legal Provisions
- Separability Clause: Invalid provisions do not affect the remainder of the guidelines.
- Repealing Clause: Prior inconsistent memorandum circulars are amended or repealed.
- Effectivity: Guidelines take effect 15 days post-publication in two general circulation newspapers.