Title
Velasco vs. Manila Electric Co.
Case
G.R. No. L-18390
Decision Date
Aug 6, 1971
Velasco sued Meralco over substation noise causing health issues; SC ruled noise a nuisance, awarded damages, but absolved city engineer of liability.

Case Digest (G.R. No. L-18390)
Expanded Legal Reasoning Model

Facts:

  • Property Acquisition and Zoning
    • In 1948, Pedro J. Velasco purchased three adjoining lots at the corner of South D and South 6 Streets, Diliman, Quezon City, in a district zoned “first residence.”
    • Velasco sold two lots to Manila Electric Company (Meralco) and retained the third, upon which he built his residence approximately 10–20 meters from the future substation site.
  • Substation Construction and Features
    • Between September and November 1953, Meralco erected a high-voltage reducing substation without prior building permit or PSC authority.
    • The facility comprised two transformers—either 5,000 kVA each (total 10,000 kVA) or 6,250 kVA each with fan cooling (total 12,500 kVA).
    • Physical barriers included stone-and-cement walls along public streets and a wire-link fence along Velasco’s property line.
  • Noise Emission and Health Claims
    • A continuous humming/rumbling noise emanated day and night, audible within the house and up to 70 m away.
    • Velasco alleged disturbance of sleep, impaired concentration, anxiety neurosis, pyelonephritis, ureteritis, lumbago, and anemia due to the noise.
    • He sought abatement under Article 694, Civil Code, and damages under Article 2202, Civil Code, totaling P487,600.
  • Trial Court Proceedings
    • The Court of First Instance of Rizal dismissed the complaint, ruling the noise unavoidable, non-nuisance, and unproven as health causation; damage claims were inadequately supported.
    • Velasco directly appealed to the Supreme Court.

Issues:

  • Whether the continuous noise from Meralco’s substation constitutes an actionable nuisance under Article 694 of the Civil Code.
  • Whether Velasco is entitled to injunctive relief or mandatory noise-reduction measures and to damages for health impairment and property devaluation.
  • Whether Anastacio A. Agan, City Engineer of Quezon City, is solidarily liable for failing to require or enforce building permits and prosecute the nuisance.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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