SEVERAL outdoor commercial displays along Epifanio de los Santos Avenue violate the National Building Code, according to Metro Manila Development Authority acting chairman Thomas Orbos.
But Orbos admitted the MMDA was not the lead agency to regulate oversized and unsafe billboards that also pose undue distractions to motorists and may lead to accidents.
“Basically the ineffectiveness of implementing the proper regulations to cover billboards is borne out of the fact that we don’t have the mandate. The mandate is with Department of Public Works and Highways, because of the building code,” he said.
“The DPWH has the power. There was a memorandum of agreement signed in 2011 that passed the authority to us but you can’t pass the authority. Therefore we discussed it with the DPWH and we agreed to return to them and [they] be the one to enforce this,” the MMDA chief added.
If there is a need to coordinate with local government units, Orbos said, the MMDA will act but the regulation will come from the public works department.
Orbos said about 100 billboards displayed along Edsa continue violating provisions of the building code on setbacks, yard requirements, and non conformity to land use, with some even having the nerve to re-erect their billboards after the government’s dismantling operations in the past.
“Oversize, the issue here of course is the size, not yet the content, but only physical attributes. How about the proximity and the issue on powerlines. We also have to check the integrity of the structures,” he said.
“We are just waiting, although there is already a confirmation of that particular direction. We still have to sign (another) Moa because the first one was already suspended. Within the month is our target to sign the agreement. I already discussed this with DPWH Secrerary (Mark) Villar,” said Orbos.
Before, according to Orbos, billboard operators and owners found grey areas and they would file a complaint before the court.
“First they will go to DPWH to ask permits, if they failed then go to MMDA, then to LGUs. When the LGUs go against them, they will file a case in court, saying the mandate is either on MMDA or DPWH, taking advantage of the grey area. So (we) might as well give it back; in the first place we’re not equipped, and I don’t have the personnel to do this,” he explained.
In 2011, the DPWH signed a Moa deputizing the MMDA to implement provisions of the National Building Code that regulates the issuance of clearances to applicants of billboard permits.
Before this, the MMDA came up with a comprehensive study and plan about billboards. It stated that outdoor commercial displays could also cause road accidents.
The MMDA, which is part of the inter-agency council managing and controlling traffic in Metro Manila, stated billboards have too many negative impacts – environmental hazards, endangers public safety, increased crash rates, and traffic slow down.