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.