The Supreme Court ruled in Evasco, Jr. v. Montañez that local governments, specifically Davao City, have the authority to regulate billboards within their jurisdiction through their city charters, independent of the National Building Code. This means cities can impose stricter rules on billboards than those outlined in national laws, as long as these regulations are a valid exercise of police power aimed at public safety, order, and aesthetics. This decision clarifies the extent of local government power in regulating structures for public welfare.

When City Aesthetics Trump National Building Standards: The Davao Billboard Battle

The case began when the City Engineer of Davao City started issuing notices to outdoor advertising businesses, including Alex P. Montañez’s APM, citing violations of Davao City Ordinance No. 092-2000, which regulates outdoor advertising. These notices demanded compliance with sign permit requirements and, eventually, orders of demolition were issued for non-compliant billboards. Montañez challenged the ordinance, arguing it was unconstitutional and inconsistent with the National Building Code. The Davao Billboards and Signmakers Association, Inc. (DABASA) intervened, representing the interests of numerous advertising businesses affected by the ordinance.

The Regional Trial Court (RTC) initially sided with Montañez and DABASA, declaring several sections of the ordinance void. However, the Court of Appeals (CA) affirmed the RTC’s decision, further invalidating additional sections of the ordinance, including those pertaining to fees and removal of illegal materials. The core legal question centered on whether the local ordinance, which imposed stricter regulations on billboards, could stand in the face of the National Building Code, a law of general application.

The Supreme Court reversed the CA’s decision, holding that Davao City’s charter granted it the power to regulate billboards, a power that is independent of and superior to the National Building Code in this context. The court emphasized that local governments have the authority to enact ordinances for the general welfare of their constituents. This authority stems from the delegation of police power by Congress, allowing local governments to address specific needs and concerns within their jurisdictions.

The Supreme Court underscored the principle that an ordinance is presumed constitutional and valid, and this presumption can only be overturned by clear evidence of a breach of the Constitution. In this case, the respondents failed to demonstrate a specific constitutional violation, relying instead on arguments of inconsistency with the National Building Code. Building on this principle, the Court clarified that the power delegated to Davao City by its charter takes precedence over the general provisions of the National Building Code.

The Court addressed the specific sections of the ordinance that were challenged. Section 7, which regulated the location of billboards, was deemed a valid exercise of police power. Similarly, Section 8, which established regulated areas to preserve the city’s aesthetic beauty, was upheld, recognizing the city’s interest in maintaining its visual environment. The Court found that Section 37, concerning fees, was also a legitimate exercise of the city’s power to generate revenue and regulate businesses. Lastly, Section 45, which authorized the removal of illegal advertising materials, was considered a necessary measure for enforcing the ordinance and ensuring compliance. The Supreme Court acknowledged that Davao City had legislative power to regulate billboards and to keep it that way.

The Supreme Court further elaborated on the criteria for a valid exercise of police power, noting that the ordinance must have a lawful subject and employ lawful methods. In this case, the ordinance aimed to safeguard the lives and property of Davao City’s inhabitants, maintain cleanliness and order, ensure public decency, and preserve aesthetic harmony. The methods used, such as setting minimum distances for billboards, establishing regulated areas, requiring permits, and providing notice for violations, were deemed reasonably necessary and not unduly oppressive.

Moreover, this approach contrasts with a narrow interpretation of local government powers that would unduly restrict their ability to address local concerns. The Supreme Court stated that it would not readily invalidate an ordinance unless it was demonstrably unreasonable, arbitrary, or confiscatory. Deferring to the wisdom of the Sangguniang Panlungsod, the Court recognized that local councils are best positioned to determine the needs of their constituents and to enact measures to protect their interests.

However, the Court did observe that the City Engineer’s orders of demolition, which allowed only three days for compliance, were inconsistent with the ordinance’s provision of a 60-day period for correcting violations. This highlights the importance of adhering to the procedural requirements outlined in the ordinance, even when enforcing its provisions. Therefore, it is a reminder to all LGUs to comply with the periods provided in the ordinance or resolution.

FAQs

What was the key issue in this case?	The central issue was whether a local ordinance regulating billboards could impose stricter standards than the National Building Code. The Supreme Court ultimately ruled in favor of local autonomy.
What did the Davao City ordinance regulate?	Ordinance No. 092-2000 regulated the construction, repair, renovation, erection, installation, and maintenance of outdoor advertising materials in Davao City. It included provisions on location, size, fees, and removal of illegal materials.
Why did the Court of Appeals invalidate parts of the ordinance?	The Court of Appeals found the ordinance inconsistent with the National Building Code, arguing it imposed additional requirements and expanded the authority of the city building official. The Supreme court however, reversed this ruling.
What is police power?	Police power is the authority of the government to enact laws and regulations to promote public health, safety, morals, and general welfare. It allows the government to impose reasonable restrictions on private rights and property.
How did Davao City get the power to regulate billboards?	Davao City’s Revised Charter (Republic Act No. 4354) specifically granted the Sangguniang Panlungsod the legislative power to regulate, prohibit, and fix license fees for billboards and similar structures. This charter directly gave local government the power.
What are the requirements for a valid ordinance?	A valid ordinance must be within the powers of the local government, enacted according to proper procedure, consistent with the Constitution and laws, and reasonable, not oppressive, and non-discriminatory. This is to ensure that the ordinance is not abusing their power.
Can local governments impose stricter rules than national laws?	Yes, if the local government’s charter grants it specific powers, it can impose stricter regulations than those in national laws of general application. However, this authority needs to be explicitly stated in the charter.
What did the Supreme Court say about aesthetics?	The Supreme Court recognized the city’s interest in preserving its aesthetic beauty. Aesthetic considerations can be a legitimate basis for exercising police power, provided the regulations are reasonable and non-oppressive.
What was wrong with the City Engineer’s demolition orders?	The City Engineer’s demolition orders gave erring businesses only three days to comply, which was inconsistent with the ordinance’s provision of a 60-day correction period. The period for compliance needs to be followed for the LGU to validly exercise its power.

The Supreme Court’s decision in Evasco, Jr. v. Montañez affirms the principle of local autonomy and empowers local governments to address the specific needs and concerns of their communities. This ruling provides clarity on the relationship between local ordinances and national laws, particularly in the context of regulating structures for public welfare and aesthetic purposes. This further emphasizes the importance of compliance with procedural requirements when enforcing local ordinances.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: HON. LEONCIO EVASCO, JR. VS. ALEX P. MONTAÑEZ, G.R. No. 199172, February 21, 2018