Title
AC Enterprises, Inc. vs. Frabelle Properties Corp.
Case
G.R. No. 166744
Decision Date
Nov 2, 2006
ACEI's Feliza Building blowers caused noise and hot air, disturbing FPC's Frabella I tenants. FPC sued for nuisance; SC upheld RTC jurisdiction, ruling it a private nuisance under Civil Code.

Case Digest (G.R. No. 166744)
Expanded Legal Reasoning Model

Facts:

  • Parties and Properties
    • Petitioner AC Enterprises, Inc. (ACEI) owns the 10-story Feliza Building in Makati City, subdivided into commercial/office units. It has 36 blowers from 18 air-cooled airconditioning units (4 per floor, 2nd–10th floors), covered by vertical concrete baffles.
    • Respondent Frabelle Properties Corporation (FPC) developed Frabella I Condominium, a 29-story commercial/residential building on a parallel street. Feliza Building is at its rear, separated by Rodriguez Street (12 m wide), and its blowers exhaust toward Frabella I.
  • Correspondence and Environmental Tests
    • April–June 1995: FPC’s demand letters to ACEI to abate daily noise and hot-air nuisance; ACEI refused.
    • August 1995–July 1996: DENR-EMB tests found blower noise exceeded PD 984 Sec. 78(b) standards.
    • August & November 2000: Further EMB tests with same results; ACEI ignored demands.
  • Administrative and Quasi-Judicial Proceedings
    • March–July 2002: FPC sought Makati City Health Officer and Mayor’s intervention. EMB panel (May 2002) reported ambient noise contributed by vehicles and nearby blowers, endorsed matter back to City; City Building Official (July 2002) advised refer back to EMB.
    • February–November 2003: EMB conducted SPL measurements inside Frabella I; opined that nuisance depends on disturbance, not ambient standards alone.
  • Judicial Proceedings in RTC
    • July 2003: FPC filed in Malabon RTC (Civil Case No. 3742-MH) a complaint for private nuisance abatement, preliminary and permanent injunction, and damages (temperate, exemplary, attorney’s fees).
    • ACEI moved to dismiss for: (a) lack of jurisdiction (LGU vs. court), (b) failure to state cause of action, (c) res judicata, litis pendentia, forum-shopping.
    • September 15, 2003: RTC denied motion to dismiss, finding urgency and sufficiency of complaint; motion for reconsideration denied.
    • September 21, 2004: CA affirmed RTC; CA denied ACEI’s motion for reconsideration.
    • ACEI filed petition for certiorari before the Supreme Court.

Issues:

  • Does the Makati City Government, not the RTC, have exclusive jurisdiction over the abatement of the complained noise and air nuisance?
  • Is the suit barred for failure to exhaust administrative remedies and for non-application of the doctrine of primary jurisdiction?
  • Are the proceedings barred by res judicata, litis pendentia, or forum-shopping (PAB case and City Official’s letter)?
  • Does FPC’s complaint state a valid cause of action for abatement of nuisance and damages?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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