Creation of AFP Board of Generals

Mandatory standards for signs and billboards

Section 2 requires that any new sign or billboard and its support structures and existing billboards that are modified, retrofitted, rehabilitated, or converted from static to LED must comply with the standards in Section 2.
Section 2 applies to construction and conversion regardless of size, make, location, and construction.
Section 2 requires compliance with these billboard standards:
- Setback (frontage property line):
  - Section 2(a) requires a newly constructed billboard structure to have at least five (5) meters (m.) of setback from the frontage property line, measured perpendicularly up to the support structure.
  - Section 2(a) requires existing static or LED billboards with a setback of less than five (5) m. to comply with the guidelines for size of display surface and height under Section 2(b), (c), and (d), and with relevant clearances from the high tension wire under the Philippine Electrical Code.
- Maximum display surface area:
  - Section 2(b) provides that signs and sign structures and billboards must not exceed two hundred fifty (250) square meters (sqm.).
- LED display area and structural/wind-load design:
  - Section 2(b) requires LED and other electronic signs to have a minimum display area of fifty-five (55) sqm. and a maximum display area of up to two hundred fifty (250) sqm., as the site allows.
  - Section 2(b) conditions LED/electronic sign compliance on conformity with the structural design and wind load exposure under the latest edition of the National Structural Code of the Philippines.
- Maximum height limits (free-standing):
  - Section 2(c) allows free-standing structures up to a maximum height of thirty-six (36) m. from the established grade, provided they will not obstruct any public utility and fire exits under existing laws.
- Maximum height limits (roof-mounted):
  - Section 2(c) sets a combined height limit for roof-mounted billboard structures of not more than twenty-six (26) m. for urban areas and not more than thirty-six (36) m. for rural areas, measured from the ground to the established grade.
- Rooftop billboard fraction/footprint limits and material:
  - Section 2(d) limits new rooftop billboards to not exceed or occupy more than one-fourth (1/4) of the street frontage of the building where attached.
  - Section 2(d) limits the base area of the support skeleton frame structure to not more than ten (10) sqm. on any horizontal section.
  - Section 2(d) requires rooftop billboards to be constructed of incombustible material under Section 1210 of the IRR of the Building Code.
- Wall-mounted billboard placement and wall coverage:
  - Section 2(e) requires wall-mounted billboards to be placed against blank walls.
  - Section 2(e) prohibits wall-mounted billboards from exceeding the area of such wall, following the latest revision of the IRR of the Building Code.
- Spacing between billboards on the same side:
  - Section 2(f) requires new billboard structures erected at the same side of the road to be at least one hundred (100) m. apart.
Section 2 strictly prohibits obstruction of an existing billboard or on-premises sign by an advertising billboard from its intended viewership, no matter how partial.
Section 2 provides a non-obstruction rule: an existing outdoor advertising sign is considered not obstructed by a newly constructed sign when it is fully visible within two hundred (200) m. from its intended audience.
Section 2 gives owners and operators of existing sign and billboard structures two (2) years from effectivity to comply with the standards on size of display surface and height.
Section 2 prohibits local governments from imposing requirements higher or more burdensome than the parameters in Section 2 to ensure national and local harmonization.

Permitting and licensing system setup

Section 3 directs the DPWH to streamline and establish an online platform for permitting and licensing applications and procedures for advertising signs and billboards.
Section 3 allows a manual application system to remain under justifiable circumstances determined by the DPWH Secretary, but only based on the streamlined applications and procedures.

City and municipal building official duties and timelines

Section 4 requires Offices of the City or Municipal Building Official to strictly implement:
- this Order,
- the Building Code and its IRR, and
- other relevant administrative rules and regulations issued by the DPWH.
Section 4 sets a local permitting processing time limit: processing of local permits or licenses for a new sign or billboard must not exceed seven (7) working days from the date the request and/or complete application or request was received.
Section 4 aligns permit processing with the anti-red tape framework under the referenced provisions of RA No. 9485, as amended by RA No. 11032.

Local government roles and ordinance direction

Section 5 enjoins local governments to enact ordinances that supplement national billboard regulations in these areas:
- non-obstruction of natural landscape and prohibition of signs or billboards that debase or offend aesthetic and cultural values and traditions;
- restricted areas or zones where signs or billboards distract or obstruct the view of the public to constitute a traffic hazard, especially along major thoroughfares and public roads;
- billboard-free zones such as historical sites, tourist destinations and parks, institutional establishments, and critical facilities, including power plants.
Section 5 directs the DILG to assist LGUs in implementing the directive.

National agency enforcement and fee guidance

Section 6 requires each listed agency to act within its mandate to support implementation of the Order:
- DPWH:
  - Section 6(a) requires the DPWH to ensure full and strict enforcement of this Order, the standards under DPWH National Building Code Development Office Memorandum Circular No. 01 (s. 2008) (“Additional Rules and Regulations on Signs and Signboard Structures”), and applicable DPWH-issued administrative rules and regulations, and the Building Code’s Chapter 20 and its IRR.
  - Section 6(a) authorizes the DPWH Secretary to order payment of appropriate government fees and other charges for billboard permits and clearances.
- Department of Finance (DOF):
  - Section 6(b) requires the DOF to:
    - prepare guidelines for setting local fees and charges related to applications for locational clearances required for building permit applications for sign permits;
    - provide training for local government personnel on those guidelines and on increases of existing or prevailing costing of government charges; and
    - assist LGUs in compliance with the guidelines and in preparing regular reports to the DILG and the DPWH.
- DILG:
  - Section 6(c) requires the DILG to assist the DPWH in ensuring LGU compliance with this Order.
Section 6 directs all other departments, agencies, instrumentalities (including government-owned or controlled corporations and government financial institutions) to provide necessary assistance or support for effective implementation.
Section 6 authorizes the DPWH Secretary to call upon any government official or employee to assist implementation.

Implementing guidelines and required permits

Section 7 directs the DPWH, in consultation with the DILG, DOF, Metropolitan Manila Development Authority, Philippine Atmospheric, Geophysical and Astronomical Services Administration, Civil Aviation Authority of the Philippines, and representatives of stakeholders from the billboard industry, to formulate implementing guidelines.
Section 7 requires implementing guidelines to include requirements and procedures for the issuance of necessary permits for the erection, building, placement and installation of all outdoor advertising displays.

Enforcement actions, suspensions, and compliance consequences

Section 8 authorizes the Building Official to order or cause the non-issuance, suspension, or revocation of building permits for non-compliance with:
- this Order,
- the Building Code and its IRR, or
- relevant administrative rules or regulations issued by the DPWH Secretary.
Section 8 requires that national or local officials and personnel who fail to comply with this Order be proceeded against under civil service laws, rules, and regulations, and relevant provisions of RA No. 7160, as amended.

Funding, separability, repeal, and effectivity

Section 9 requires implementation funds to come from the current appropriations of the DPWH and other relevant agencies.
Section 9 requires funding for subsequent years to be included in the annual General Appropriations Act, subject to the usual budget process.
Section 10 provides separability: invalid, illegal, or unconstitutional provisions do not affect remaining provisions, which remain in full force and effect.
Section 11 repeals or modifies inconsistent issuances, orders, rules, regulations, and other issuances or parts thereof.
Section 12 sets effectivity: the Order takes effect immediately after publication in the Official Gazette or in a newspaper of general circulation.

Executive order specifics and authority basis

Executive Order No. 165 is titled “Prescribing Regulations on Out-of-Home Advertising Signs and Billboards.”
The Order is dated March 21, 2022 and is signed by RODRIGO ROA DUTERTE with SALVADOR C. MEDIALDEA as Executive Secretary.
The regulatory authority references Section 11(2), Article XVI of the Constitution on advertising as impressed with public interest.
The Order is anchored on provisions of the National Building Code of the Philippines under PD No. 1096, including Section 2001 and Section 203.
The Order also invokes the Administrative Code of 1987 under Executive Order No. 292, including Section 3(2), Chapter 1, Title V.
The Order recognizes local government powers under RA No. 7160 (Local Government Code of 1991), including Section 16, and presidential control/supervision under the Constitution.