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Thursday, October 05, 2006
Arroyo: Dismantle 'illegal' billboards
MANILA -- President Gloria Macapagal-Arroyo signed Wednesday Administrative Order (AO) 160 that empowered the DPWH to abate and/or bring down billboards, whether commercial or otherwise, throughout the country in anticipation of the arrival of at least six more typhoons.
Arroyo will also certify as urgent a pending bill in the Senate sponsored by Senator Miriam Defensor-Santiago that seeks to regulate billboards.
AO 160 directs Public Works and Highway Secretary Hermogenes Ebdane Jr. to oversee and ensure the immediate dismantling or abating of billboards that: a) poses imminent danger or threat to life, health safety and property of the public; b) violates applicable laws, rules and regulations; c) constructed within the easements of road right of way; and d) constructed without the necessary permit.
The Outdoor Advertisers Association of the Philippines (OAAP) said at least 40 billboards have fallen during the onslaught of Milenyo.
Government corporate counsel Agnes Devanadera said the AO tasks the DPWH to conduct field inspections and determine which billboards violate the four guidelines and should be immediately brought down.
The DPWH will also issue a certification to local government units (LGUs) on which billboards are found to be hazardous and violate existing standards prescribed by the National Building Code, the Structural Code of the Philippines and other related legal issuances.
AO 160 also directs the DPWH to submit a detailed written report to the Department of Justice for the purpose of filing appropriate case, whether administrative, civil or criminal, against the owners of the billboards found to be a nuisance or hazardous, and/or against public officials who issued the permit despite violations of existing regulations.
OAAP chairman and Advertising Board of the Philippines vice chairman Carlo Llave said in a forum that they are aware that the next time, it could be their families who may fall victim to falling billboards.
DPWH National Building Code development officer Emmanuel Cuntapay said all "illegal, dangerous and obstructive billboards and signage will be dismantled at once."
Since 97 percent of the 3,000 billboards and signage in Metro Manila particularly along Edsa are believed to be illegal, there is nothing that would prevent the DPWH from dismantling them, Cuntapay added.
Under the law, the allowable size of a billboard is 3.6 meters tall with a surface area of not more than 30 square meters.
Aside from the size, it must not be situated or placed on the roof of structures, especially if the billboards used are made of wood, steel and iron while billboards that may block traffic signs and electricity cables must be removed.
Only those allowed to be placed in concrete roofs are billboards made of neon signs and electronic signage because they are lighter.
Cuntapay said political signage will only be permitted to be put up for five days and will only be allowed to stay for a long period of time if the message it carries is an important one.
He appealed to local government officials to police their own ranks and obey the law to set a good example to billboard owners and advertisers.
The DPWH will submit a report to the Department of Justice for the possible filing of charges against the erring billboard owners and advertisers.
Meanwhile, the Senate public works committee passed a report on the bill regulating the placements of billboard all over the country, introducing amendments to the bill sponsored by Santiago.
Submitting the committee report for signature of the Upper House members, Senator Ramon "Bong" Revilla Jr., chairman of the committee, said he had introduced six amendments to give more teeth to the law.
The amendments were:
* No billboard structure shall be built that will not withstand wind gusts of less than 240 kilometers per hour, and not withstand and earthquake with a magnitude of less than seven on the Richter scale.
* No billboard structure shall be built with an overhang. All billboard structures shall from the ground up, have the same size as its base;
* Insurance. No billboard structure shall be erected without a mandatory insurance coverage, the amount of which is to be determined by the DPWH.
* Enforcement of the Act. It shall be the primary duty of the DPWH to effectively enforce the provision of the act;
* Liability of officers. Any officer of the duly designated enforcement agency who fails or neglects to enforce the provisions of this act shall be liable administratively and in addition, shall be fined of no less than P20,000 and not more than P100,000. The filing of criminal charges against the erring officer is not barred by this provision; and
* Transitory Provision. All billboard structures not conforming with the provisions of this act shall immediately be dismantled by their owners or corrected accordingly, provided, that those covered by existing advertising contracts are given two (2) years to amend contracts to conform with the provision therein.
After the committee report has been filed, Revilla said he would reiterate his request to Malacañang to certify the bill as urgent and immediately schedule plenary debates at the Senate.
The senator said with the opening of the floor for debates, he is hopeful that the safety concerns of the motorists and the public will be addressed and at the same time believes that the bill would balance the interest of the government regulating the billboard industry as well as that of the stakeholders.
Santiago told reporters that she talked to President Arroyo recently and that the President is very concerned about the protection of people and property from potential falling giant billboards during the next projected typhoons.
"President Arroyo does not want a repeat of the deaths and damage caused by typhoon Milenyo. Hence, she has issued her administrative order and is even considering a supplemental administrative order to bolster the legal basis for the action against billboards," Santiago said. (Sunnex)
(October 5, 2006 issue)
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