CASE NO.

04
AC Enterprises, Inc. v. Frabelle Properties Corp.
G.R. No. 166744 November 02, 2006

Facts:

This case involves a dispute between AC Enterprises, Inc. (ACEI) and Frabelle
Properties Corporation (FPC) regarding the noise and hot air generated by the
blowers of the Feliza Building, owned by ACEI, which is located at the back of
Frabella I Condominium, owned by FPC. FPC had been demanding that ACEI abate
the nuisance caused by the blowers, but ACEI refused to take action. FPC conducted
tests and received reports from the Environmental Management Bureau (EMB)
stating that the noise generated by the blowers exceeded the allowable level. FPC
also sought the intervention of various government agencies and wrote letters to
ACEI, but their demands were ignored.

Issue:

The main issue in this case is whether ACEI should be held liable for the noise and
hot air generated by the blowers of the Feliza Building and whether FPC is entitled
to damages and other relief.

Ruling:

The court ruled in favor of FPC and ordered ACEI to abate the nuisance caused by
the blowers. The court also ordered ACEI to pay damages to FPC and imposed fines
and penalties for each day of continuing pollution.

Ratio:

The court based its decision on the fact that the noise and hot air generated by the
blowers of the Feliza Building constituted noise and air pollution in violation of
environmental laws. The court considered the reports from the EMB, which showed
that the noise exceeded the allowable level. The court also took into account the
complaints and demands made by FPC, as well as the efforts made by FPC to settle
the matter amicably. The court emphasized that ACEI had a legal obligation to abate
the nuisance and that their refusal to do so warranted the imposition of fines and
penalties. The court also recognized FPC's right to damages for the harm caused by
the blowers. Overall, the court's ruling was based on the need to protect the
environment and the rights of individuals affected by pollution.