Dear Attorney,
I live in a community where children often play and make noise, and one of my neighbors collects a fee whenever they feel the noise level is disruptive. Is this allowed under our laws? What can I do to address this situation if it is illegal?
Concerned Citizen
Insights
Noise regulations in the Philippines are generally governed by local ordinances, which vary from city to city or municipality. These ordinances typically set standards for acceptable noise levels and define penalties for violations. In cases involving residential noise, the main legal concerns revolve around the right to a peaceful environment and potential disturbances to the community.
Under the Local Government Code (Republic Act No. 7160), local government units (LGUs) are empowered to enact ordinances regulating noise levels in their respective jurisdictions. These ordinances may specify quiet hours, usually during the nighttime, and may also include guidelines on acceptable noise levels during the day. However, local laws do not typically provide for the collection of fees from private individuals to address noise complaints. Enforcement of noise regulations is the responsibility of local authorities such as barangay officials or police, and it is generally inappropriate for private individuals to impose their own penalties, such as collecting money, without legal authority.
Additionally, noise complaints can be raised with the barangay, where mediation between the involved parties is often attempted before escalation to higher legal authorities. In extreme cases, if noise constitutes a nuisance, a civil complaint can be filed in court under Article 694 of the Civil Code of the Philippines. This article defines a nuisance as any act that "injures or endangers the health or safety of others, or annoys or offends the senses."
Thus, a person subjected to excessive or disruptive noise has legal recourse by filing a complaint with the barangay or even initiating legal proceedings for public or private nuisance, but monetary penalties cannot be imposed by individuals without legal backing.