Dear PAO,
I would like to ask about a problem with our neighbor here in Cavite. We live in a small subdivision. This neighbor sings videoke at the top of his lungs, every day from 2:00 to 5:00 p.m. Normally, I would not mind since it only happens in the afternoon. However, yesterday was different. My mother got tired and irritated, so she asked him to stop for a while. This led to an argument. Both of them are old, and the situation escalated into shouting and cursing.
Can we file a complaint against the noise my neighbor makes everyday? I need to know what steps we can take to immediately address the situation and protect my mother. Thank you.
-Anthony Mendoza
Dear Mr. Mendoza,
Article 682 of the New Civil Code provides that the owner of a building or a piece of land is prohibited from committing nuisance through noise, offensive odor, or any other causes:
Article 682. Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
In turn, Articles 694 and 695 of the same Code provides that a nuisance is an act which causes annoyance, danger, or damage upon individuals:
Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:x x x
(2) Annoys or offends the senses; or x x x
Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.
Further, Memorandum Circular No. 002, dated 12 May 1980 of the National Pollution Control Commission (NPCC) states that in residential areas the maximum allowed noise level would be a maximum of 50 decibels in the morning (9 a.m. to 6 p.m.), 45 decibels at morning and evening (5-9 a.m. 6-10 p.m.) and 40 decibels from (10 p.m. to 5 a.m.).
In your case, you may file a civil action to claim damages or for the abatement of the noise generated by your neighbor, which appears to exceed the allowable thresholds. For reference, 50 decibels are roughly equivalent to a quiet conversation or the sound of light rainfall. However, we must stress that you may consider approaching the local barangay first which may be able to help you resolve this conflict before it worsens and becomes a full-blown civil case. This is also in consonance with the Rule on Katarungang Pambarangay requiring certain disputes between parties residing in the same barangay to first bring the matter to the lupon before filing an action in court.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
