VELASCO vs. MANILA ELECTRIC CO.

- Nuisance

Noise may constitute a nuisance but it must be of such character as to produce actual
physical discomfort and annoyance to a person of ordinary sensibilities.

FACTS:

Velasco bought three (3) adjoining lots. He sold two (2) of these to Meralco and
maintained the last one as his residence. Meralco constructed on their lots a sub-station
at a distance of 10-20 meters away from appellant’s house. The company also built a
concrete wall at the sides along the streets but put up only an interlink wire fence
(previously a sawali wall) on the boundary with appellant. An unceasing sound
emanates from the substation, caused by transformers. Such, appellent contends,
constitute a nuisance which has worsened his health condition and has lowered the
value of his property. Several witnesses came forth but their testimonies were vague
and imprecise. Resort was made to a sound level meter. The audible sound from
different areas in Velaso’s property was measured in terms of decibels. It was found
that the sound exceeded the average intensity levels of residences.

ISSUE:

Can there be a nuisance caused by noise or sound?

HELD:

Yes. Several American decisions are cited showing that noise is an actionable
nuisance. In fact, Kentucky v. Anderson dealt with noise emanating from electrical
machinery and appliances. The determining factor, however, is not just intensity or
volume. It must be of such character as to produce actual physical discomfort and
annoyance to a person of ordinary sensibilities. However, appellant’s testimony is too
plainly biased. Nor are the witnesses’ testimonies revealing on account of different
perceptions. Consequently, sound level meters were used. As stated above, the sound
exceeds average residential decibels. Also, the testimonies of appellant’s physicians
(which were more reliable since they actually treated him, unlike the appellee’s) point to
the noise as having caused appellant loss of sleep, irritation and tension weakening his
constitution. Notable lastly is the fact that in the Kentucky case, where the nuisance was
ordered abated, the average reading was 44 decibels while in the instant, the readings
include 52, 54, and 55. The decision goes on to discuss the proper award of damages.
But Meralco was ordered either to transfer the facilities or reduce the produced sound to
around.