Local execs face raps for deadly billboards

Local building officials may face criminal charges if they are found to have been negligent in the issuance of permits for the construction of billboards, blamed for at least one death and the injuries of many at the height of typhoon "Milenyo" that struck Metro Manila last Sept. 28.

Justice Secretary Raul Gonzalez said city and municipal building officials may face charges of graft and violations of the National Building Code if they are found to have issued permits for the "killer" billboards, or allowed them to be erected without permits.

Gonzalez stressed building officials are mandated under the law to conduct routine inspection of every structure built in their areas of jurisdiction.

Gonzalez cited Administrative Order 160 signed by President Arroyo tasking the Department of Public Works and Highways (DPWH) to conduct an investigation over the toppled billboards to determine which among them had no permits.

"If they (DPWH) find out that the billboards have no permits, then the one to be held responsible would be the building officials or city engineers for that matter," Gonzalez said.

Public Works Secretary Hermogenes Ebdane also declared a nationwide moratorium on the installation of billboards and similar forms of outdoor advertising.

Ebdane, as chairman of Task Force on Billboards, said the ban could run for one to two months.

Ebdane said the DPWH had been empowered under AO 160 to conduct field inspections and assessments of all billboards and other forms of outdoor advertising that may pose imminent danger to the public.

Under AO 160, the agency is tasked to determine if the billboards have been constructed in such a way that they pose imminent danger to the public, aside from possible violations of the building code; or if they were constructed without permits.

Ebdane said they would focus on billboards in Metro Manila and those along the national roads and major thoroughfares.

He also ordered all building inspectors to check out the stability of all the school buildings in Metro Manila and the provinces struck by Milenyo last Sept. 28.

Ebdane ordered the agency’s district engineers and building officials to submit their inspection reports and recommendations directly to him, or to National Building Code Development Office (NBCDO) executive director Emmanuel Cuntapay.

He gave assurances that the DPWH would make the necessary appropriate action on their findings and inform the school officials on the recommendations.

"A certification as to the safety and stability and/or unsafe for occupancy of the inspected school buildings shall be issued to the head of the school building concerned, with a copy of same to be posted/ displayed conspicuously at the Building’s main entrance," he said.

Gonzalez, on the other hand, stressed erring local building officials can be held liable under Republic Act 6713 or the ethical standards for government officials and employees for failing to do their job.

"They (building officials) can be charged for graft for giving undue benefits to the owners of the billboards," he said.

Gonzalez said the Department of Justice (DOJ) can take cognizance and prosecute even the owners of the establishments and building officials for violating the national building code.

Gonzalez, however, admitted the government cannot legally impose a total ban on billboards since they form part of the freedom of expression guaranteed under the Constitution.

"But the government can regulate them, especially if the billboards are proven to be nuisance," Gonzalez pointed out. - With Evelyn Macairan