Monday, July 21, 2008 CA upholds DPWH's power to regulate billboard installation
THE Court of Appeals (CA) upheld the legality of two circulars of the Department of Public Works and Highways (DPWH) to regulate the construction and maintenance of advertising billboards in the wake of the destruction left by the powerful typhoon Milenyo in 2006.
In a decision penned by Associate Justice Martin Villarama Jr., the CA Third Division granted the petition filed by DPWH Secretary Hermogenes Ebdane seeking to nullify the February 29, 2008 ruling of Judge Emma Young of the Regional Trial Court (RTC) of Manila, Branch 36 in favor of Astro Advertising.
The trial court, in its assailed ruling, enjoined the DPWH from implementing National Building Code Development Office (NBCDO) memorandum circulars (MC) 5, Series of 2006 and MC 2 Series of 2007 pursuant to President Gloria Macapagal-Arroyo's Administrative Order (AO) 160 directing the department to conduct inspections, assessments and dismantling of billboards that pose imminent danger to life and property.
The CA appellate court held that the department has the power to regulate the installation of billboards for the purpose of protecting the safety of the public.
It said that Astro, as a private entity engaged in the business of advertising using signboards and billboards, is subject to regulation by the government.
"Regulation as to size and height, manner of construction, and maintenance of billboards and signboards, and the prohibition of indecent or immoral advertising will be upheld if they have a reasonable tendency to protect the public safety, health, morals or general welfare, and do not unnecessarily invade property rights. Moreover, police power has been used to justify public safety measures such as building regulations," the court ruled.
The appellate court held that although the additional guidelines with respect to billboard construction under the two circulars are not prescribed in the NBC, this does not render the said issuance void and illegal.
The CA said the trial court erred in issuing its February 29, 2008 order granting Astro's application for preliminary injunction and enjoined DPWH from implementing the subject circulars.
It said Astro failed to show evidence to establish its claim that the provisions of the subject circulars are "restrictive and have no basis in the National Building Code (NBC)."
Based on court records, the Outdoor Advertising Association of the Philippines (Oaap) filed on September 20, 2007 a petition for certiorari before the lower court seeking to prohibit the implementation of the said circulars.
The Oaap argued that the provisions of the circulars are unconstitutional as they unduly restrict and regulate the construction of signs and billboards without any basis in law.
It further argued that the issuance of the said circulars are tantamount to executive legislation, thus should be declared invalid.
However, before the lower court could rule on the petition, the OAAP decided to withdraw the case, prompting its individual members led by Astro Advertising to file a motion for intervention. The petitioners raised the same arguments cited by OAAP in the original petition.
The presidential order and the DPWH circulars were issued after giant billboard structures along major thoroughfares in Metro Manila collapsed due to strong winds and heavy rains brought about by Milenyo.
The huge billboards fell on trees, lampposts, and passing vehicles, injuring residents and motorists, and killing a driver of an "FX" vehicle.
The incident drew national outrage as some sectors called for stricter standards for billboard structures. (ECV/Sunnex)
