Case Summary (G.R. No. 245438)
Trial Court Findings
The RTC (Branch 74, Malabon) found preponderant evidence of private nuisance: continuous, monophonic noise and hot air caused actual physical discomfort to persons of ordinary sensibilities. It permanently enjoined operation of the 36 blowers and awarded temperate damages (25–30% loss of rent), exemplary damages, and attorney’s fees.
Court of Appeals Findings
The CA reversed, holding that petitioner failed to prove actionable nuisance by a preponderance:
- One tenant-witness could not represent the sensitivity of all occupants.
- Recent noise tests (November 2008) by an independent expert showed readings within allowable limits.
- Licenses and permits granted by Makati City corroborated compliance.
It deleted injunctive relief and damages.
Issues Presented
I. Existence of an actionable nuisance
II. Entitlement to temperate/exemplary damages and attorney’s fees
Supreme Court’s Analysis
Rule 45 confines SC review to errors of law; factual findings stand unless in conflict. Here, the CA’s and RTC’s factual conclusions clashed, warranting resolution on the merits.
Applicable Legal Standards on Nuisance
Under Art. 694, nuisance is any act or condition that injures health, offends senses, or impairs property use. Noise alone becomes actionable when it “produces actual physical discomfort and annoyance to a person of ordinary sensibilities” beyond what is reasonable in the locality (AC Enterprises v. Frabelle Properties). Reasonableness depends on circumstances: locality, utility of use, extent of harm.
Evaluation of Noise Measurements
Numerous tests (1995–2008) yielded inconsistent results due to varied methodology and interference from traffic and nearby structures. The SC found the November 2008 tests by IAA Technologies most reliable: independent expert, proper equipment, conducted at night to minimize external noise. Readings of 61.3 dB and 63.4 dB fell below the 65 dB commercial-area limit. Compliance with these standards supported the absence of unreasonable intrusion.
Consideration of Locality and Surroundings
Legaspi Village, Makati’s central business district, is inherently noisy. Air-conditioning units are a normal feature in a tropical, high-density commercial zone. A 12-meter separation made some sound inevitable but not necessarily unreasonable.
Assessment of Actual Impact
Petitioner relied on a single tenant’s testimony regarding discomfort. No proof established that her sensitivity represented “ordinary sensibilities,” nor were there credible medical or statistical data on health harm or widespread foul impact. Alleged loss of rental revenue lacked
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Factual Antecedents
- Petitioner Frabelle Properties Corp. (Frabelle) is the developer and manager of Frabella I Condominium, a 29-storey mixed residential/commercial building in Legaspi Village, Makati City; it owns and leases units to tenants.
- Respondent AC Enterprises, Inc. (Feliza Building) owns a 10-storey commercial/office building on a parallel street behind Frabella I Condominium; only a two-lane, 12-meter-wide road (Rodriguez Street) separates the properties.
- From the 1st to 9th floors of Feliza Building, 36 external air-conditioning blowers face the rear of Frabella I Condominium, emitting noise and hot air toward petitioner’s building.
- Frabelle alleges these emissions constitute a private nuisance: excessive noise above 65 decibels and irritating hot air disturbed its tenants and reduced rental rates by 25–30%.
Administrative and Pre-litigation Attempts
- Frabelle sent at least three written complaints to AC Enterprises in 1995 and 2000, all ignored.
- It sought abatement via:
• A Pollution Adjudication Board complaint (March 10, 2001) for injunctive relief and damages.
• A request to Mayor Binay (March 7, 2002) to cancel AC’s business permits. - AC Enterprises undertook soundproofing measures in 2000 and 2006, replacing blowers, condensers, installing polyurethane insulation, re-routing ducts, and adding rooftop condenser fans.
- Makati City issued:
• A Cease and Desist Order (following MACEA and DENR tests).
• A closure order (later lifted after independent IAA Technologies tests in 2008 found noise within 65 dB).
• Certificates and permits authorizing AC’s air-conditioning operations.
Trial Court Proceedings (RTC, Malabon City, Branch 74)
- Frabelle filed Civil Case No. 3745-MN for abatement of nuisance with preliminary injunction (July 1, 2003).
- Petitioner’s evidence:
• VP Consuelo Albutra: ocular inspections by MMDA, MACEA, DENR, and City Health tests all exceeded 65 dB; rental income declined due to tenant complaints.
• Tenant Ma. Cristina Lee: experienced loud noise and hot air from Feliza Building, kept balcony closed and AC on constantly; continued occupancy.
• MACEA and DENR specialists: multiple tests from 1995–2000 found intolerable noise; some tests recorded external noise sources.
• Sanitary Inspector Cabeltis and Environmental Management Specialist Pascua: inspections confirming intolerable noise but caveating externalities. - Respondent’s evidence:
• Authorized representative Dumangon: no prior complaints from 1990 – 1995; improvements in 2000 & 2006.
• Engineer Lusterio and expert Dar Quintos (IAA Tech): 2008 tests (Nov 13 & 22