B2022 ANNOTATED
Velasco v Manila Electric Co
I. RECIT-READY SUMMARY
Facts: Velasco bought from the People's Homesite and Housing Corporation 3 adjoining
lots. Subsequently, Velasco sold 2 lots to Meralco, but retained the third lot, where he
built his house. Meralco started the construction of the substation 1 in question and
finished it the without prior building permit or authority from the Public Service
Commission. The substation was built at a distance of 10-20 meters from Velasco’s
house. Velasco contends that the sound constitutes an actionable nuisance under Art.694
of the CC because the sound from the substation had disturbed his concentration and
sleep which impaired his health and also lowered the value of his property.
Issue: WON the sound from the substation constitutes an actionable nuisance - Yes
Held: Under instructions from the Director of Health, samplings of the sound intensity
were taken by Dr. Jesus Almonte using a sound level meter and other instruments. They
took sound intensity samplings and this showed that in comparison to the decibels found
in some familiar sounds, the decibels found near the substation and inside/outside
Velasco’s house are higher.
Thus the impartial and objective evidence points to the sound emitted by the appellee's
substation transformers being of much higher level than the ambient sound of the
locality. The measurements taken by Dr. Almonte, who is not connected with either
party, and is a physician to boot (unlike appellee's electrical superintendent Buenafe),
appear more reliable.
The conclusion must be that, contrary to the finding of the trial court, the noise
continuously emmitted, day and night, constitutes an actionable nuisance for which
the appellant is entitled to relief, by requiring the appellee company to adopt the
necessary measures to deaden or reduce the sound at the plaintiff's house, by replacing
the interlink wire fence with a partition made of sound absorbent material, since the
relocation of the substation is manifestly impracticable and would be prejudicial to the
customers of the Electric Company who are being serviced from the substation.
1 substation is a subsidiary station of an electricity generation, transmission and distribution system
where voltage is transformed from high to low or the reverse using transformers. The purpose of a
substation is to ‘step down’ high voltage electricity from the transmission system to lower voltage
electricity so it can be easily supplied to homes and businesses through our distribution lines.
G.R. NO:L-18390. August 6, 1971
ARTICLE; TOPIC OF CASE: Nuisance
B2022 ANNOTATED
Velasco v Manila Electric Co
DOCTRINE: The general rule is that everyone is bound to bear the habitual or
customary inconveniences that result from the proximity of others, and so long as this
level is not surpassed, he may not complain against them. But if the prejudice exceeds the
inconveniences that such proximity habitually brings, the neighbor who causes such
disturbance is held responsible for the resulting damage, being guilty of causing nuisance
DOCTRINE 2: While no previous adjudications on the speci c issue have been made in
the Philippines, our law of nuisances is of American origin, and a review of authorities
clearly indicates the rule to be that the causing or maintenance of disturbing noise or
sound may constitute an actionable nuisance
I. FACTS OF THE CASE
Appellant Velasco bought from the People's Homesite and Housing Corporation 3
adjoining lots situated at the corner of South D and South 6 Streets, Diliman, Quezon
City.
These lots are within an area zoned out as a "first residence" district by the City Council
of Quezon City. Subsequently, the appellant sold 2 lots to Meralco, but retained the third
lot, which was farthest from the street-corner, whereon he built his house.
Meralco started the construction of the substation in question and finished it the without
prior building permit or authority from the Public Service Commission. The substation
was built at a distance of 10-20 meters from Velasco’s house. The company built a stone
and cement wall at the sides along the streets but along the side adjoining the appellant's
property it put up a sawale 2 wall but later changed it to an interlink wire fence. It is
undisputed that a sound unceasingly emanates from the substation.
Velasco contends that the sound constitutes an actionable nuisance under Art.694 of the
CC because the sound from the substation had disturbed his concentration and sleep
which impaired his health and also lowered the value of his property.
II. ISSUE/S
Whether or not the sound from the substation constitutes an actionable nuisance - Yes
I. RATIO/LEGAL BASIS
2 woven bamboo matting
PONENTE:REYES, J.B.L. , J
DIGEST MAKER:Chanelle
 B2022 ANNOTATED B2022 ANNOTATED

Velasco v Manila Electric Co Velasco v Manila Electric Co

The general rule is that everyone is bound to bear the habitual or customary I. DISPOSITION
inconveniences that result from the proximity of others, and so long as this level is not
FOR THE FOREGOING REASONS, the appealed decision is hereby reversed in part
surpassed, he may not complain against them. But if the prejudice exceeds the
and affirmed in part. The defendant-appellee Manila Electric Company is hereby ordered
inconveniences that such proximity habitually brings, the neighbor who causes such
to either transfer its substation at South D and South 6 Streets, Diliman, Quezon City, or
disturbance is held responsible for the resulting damage, being guilty of causing
take appropriate measures to reduce its noise at the property line between the defendant
nuisance.
company's compound and that of the plaintiff-appellant to an average of forty (40) to fifty
(50) decibels within 90 days from finality of this decision; and to pay the said plaintiff-
The principles thus laid down by American jurisprudence make it readily apparent that
appellant P20,000.00 in damages and P5,000.00 for attorney's fees. In all other respects,
inquiry must be directed at the character and intensity of the noise generated by the
the appealed decision is affirmed. No costs.
particular substation of the appellee. As can be anticipated, character and loudness of
sound being of subjective appreciation in ordinary witnesses, not much help can be
obtained
VI. Notes

Places where the samplings of the sound intensity were taken:

from the testimonial evidence. That of plaintiff Velasco is too plainly biased and 1. Near the wire fence serving as property line between Velasco and Meralco
emotional to be of much value. 2. Sound level under the sampaloc tree
3. Behind Velasco’s kitchen
Thus, the court cannot rely on the testimonies of the witnesses and Velasco. Under 4. North General Hospital
instructions from the Director of Health, samplings of the sound intensity were taken by
Dr. Jesus Almonte using a sound level meter and other instruments. They took sound
intensity samplings and this showed that in comparison to the decibels found in some
familiar sounds, the decibels found near the substation and inside/outside Velasco’s
house are higher.

Thus the impartial and objective evidence points to the sound emitted by the appellee's
substation transformers being of much higher level than the ambient sound of the
locality. The measurements taken by Dr. Almonte, who is not connected with either
party, and is a physician to boot (unlike appellee's electrical superintendent Buenafe),
appear more reliable. The conclusion must be that, contrary to the finding of the trial
court, the noise continuously emitted, day and night, constitutes an actionable nuisance
for which the appellant is entitled to relief, by requiring the appellee company to adopt
the necessary measures to deaden or reduce the sound at the plaintiff's house, by
replacing the interlink wire fence with a partition made of sound absorbent material,
since the relocation of the substation is manifestly impracticable and would be prejudicial
to the customers of the Electric Company who are being serviced from the substation.

G.R. NO:L-18390. August 6, 1971 PONENTE:REYES, J.B.L. , J

ARTICLE; TOPIC OF CASE: Nuisance DIGEST MAKER:Chanelle